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IRV-BOB FORMAL WEAR v. PUB. SERV. MUT. INS. CO.

86 Misc.2d 1006 (1976)

Irv-Bob Formal Wear, Inc., Respondent, v. Public Service Mutual Insurance Co., Appellant.

Supreme Court, Appellate Term, Second Department.

April 27, 1976

Attorney(s) appearing for the Case

Gwertzman, Nagelberg & Pfeffer (Max J. Gwertzman of counsel), for appellant. Loecher Solomon & Zukerman (Murray M. Loecher of counsel), for respondent.

Concur: SCHWARTZWALD, P.J., PINO and RINALDI, JJ.

MEMORANDUM.

Judgment of the court below (see 81 Misc.2d 422) is affirmed, with $25 costs.

The determination that the merchandise was stolen from plaintiff's vehicle while in transit and therefore within the coverage of the policy issued by defendant, is supported by the evidence. Moreover, the wholesale price established by the expert testimony of plaintiff's president was sufficient, under the circumstances, to adequately...

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