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KAPLAN JEWELERS v. INS. CO.

86 Misc.2d 334 (1975)

Kaplan Jewelers, Inc., Plaintiff, v. Insurance Company of North America, Defendant.

Supreme Court, Trial Term, New York County.

October 10, 1975

Attorney(s) appearing for the Case

Rogers & Wells (James J. Maloney and Paul E. Dixon of counsel), for plaintiff. Gottesman, Wolgel & Smith (Harold Wolgel and Gerald M. Smith of counsel), for defendant.

MILTON SANDERS, J.

This is a case in which plaintiff Kaplan Jewelers, Inc. is suing the defendant Insurance Company of North America to recover damages pursuant to an insurance policy for a theft of certain merchandise belonging to plaintiff, which was allegedly committed by one or more unidentified employees of plaintiff, at plaintiff's premises.

It is conceded that at the time of the alleged theft...

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