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MOTORS INS v. AMER GARAGES

98 Misc.2d 887 (1979)

Motors Insurance Corporation, as Subrogee of Rex Pontiac, Respondent, v. American Garages, Inc., Doing Business as American Stuyvesant Garages, Appellant.

Supreme Court, Appellate Term, First Department.

February 7, 1979

Attorney(s) appearing for the Case

Shedler, Weiss, Kozupsky & Unger (Benjamin Shedler of counsel), for appellant. Dillon, Haber & Dillon for respondent.

Concur: DUDLEY, P. J., TIERNEY and RICCOBONO, JJ.

Per Curiam.

Judgment entered May 25, 1978 affirmed, with $25 costs upon the well-reasoned opinion of SALMAN, J., at Trial Term.

The plaintiff is the subrogee of the owner of a 1976 Pontiac automobile. That vehicle was stolen from the defendant's garage on July 16, 1976 at approximately 4:00 A.M. Immediately prior to the theft the garage attendant had been moving cars in the rear of the garage. He observed...

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