ACE WIRE CO. v. AETNA CAS.


89 A.D.2d 131 (1982)

Ace Wire & Cable Co., Inc., et al., Appellants, v. Aetna Casualty & Surety Company, Respondent

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

October 18, 1982


Attorney(s) appearing for the Case

Leonard M. Simon, P. C. (Peter R. Silverman of counsel), for appellants.

Hendler & Murray (Michael Maillet and Jerome Murray of counsel), for respondent.

MOLLEN, P. J., DAMIANI and LAZER, JJ., concur with GULOTTA, J.; MANGANO, J., dissents and votes to affirm the order, with an opinion.


GULOTTA, J.

In this action on an insurance policy to recover for losses allegedly sustained by the plaintiffs due to a theft of inventory committed by unidentified employees, plaintiffs moved to strike the defendant's answer denying liability and for summary judgment, whereupon the defendant cross-moved for summary judgment dismissing the complaint. From an order denying their motion and granting the defendant's cross motion, plaintiffs appeal.

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