GLOBE JEWELRY v. PENNSYLVANIA INS. CO.


72 Misc.2d 563 (1973)

Globe Jewelry, Inc., Respondent, v. Pennsylvania Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

January 15, 1973


Attorney(s) appearing for the Case

Gwertzman, Sessler, Nagelberg & Pfeffer (Milton B. Pfeffer of counsel), for appellant. Grossman & Greenbaum and First & First (Lee B. First of counsel), for respondent.

QUINN, J. P., and LUPIANO, J., concur in Per Curiam opinion; MARKOWITZ, J., dissents in memorandum.


Per Curiam.

The insurance contract upon which plaintiff has recovered judgment for an alleged loss by burglary of some $4,800 worth of ladies' watch bracelets, was issued on plaintiff's express written representation in the application for the policy that it kept "a detailed stock record" and took "a physical stock inventory semi-annually." The insurance policy issued to plaintiff upon that written application embodied that representation as a condition to...

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