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EDELSTEIN & CO. v. AMBASSADOR

86 A.D.2d 83 (1982)

G. Edelstein & Co., Inc., Respondent, v. Ambassador Insurance Company, Appellant

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

April 1, 1982

Attorney(s) appearing for the Case

Howard S. Davis for appellant.

Martin J. Hertz of counsel (Barbara N. Herzog with him on the brief; Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, attorneys), for respondent.

KUPFERMAN, MARKEWICH and LYNCH, JJ., concur with FEIN, J.; MURPHY, P. J., dissents in an opinion.

FEIN, J.

Defendant issued an insurance policy to plaintiff on November 6, 1978, which insured against general liability and included special coverage for mercantile open stock burglary and mercantile robbery. The robbery indorsement insured against loss up to $50,000; the burglary indorsement insured against loss up $30,000. The indorsements did not rely upon the Penal Law definitions of the crimes of robbery...

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