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HOWARD STORES v. FOREMOST

82 A.D.2d 398 (1981)

Howard Stores Corp., Respondent, v. Foremost Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

August 6, 1981

Attorney(s) appearing for the Case

Max J. Gwertzman of counsel (Gwertzman, Pfeffer & Toker, attorneys), for appellant.

Frank A. Weg of counsel (Weg Myers Jacobson & Scheer, P. C., attorneys), for respondent.

BIRNS, J. P., ROSS and MARKEWICH, JJ., concur.

FEIN, J.

This is an action against an insurer for recovery of business interruption loss resulting from water damage to the premises. The insurer appeals a judgment based upon a jury verdict of $80,000, plus interest and costs.

Plaintiff is a manufacturer of men's clothing, which is merchandised through retail outlets operated by corporations affiliated with plaintiff. The water damage was sustained...

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