STEPHEN-LEEDOM v. ARKWRIGHT


101 A.D.2d 574 (1984)

Stephen-Leedom Carpet Co., Inc., Respondent-Appellant, et al., Plaintiff, v. Arkwright-Boston Manufacturers Mutual Insurance Company, Defendant, and Insurance Company of North America, Appellant-Respondent

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

May 22, 1984


Attorney(s) appearing for the Case

Stephen H. Marcus and Harold H. Wolgel of counsel (Gottesman, Wolgel, Smith & Secunda, P. C., attorneys), for appellant-respondent.

Louis Haimoff of counsel (Blum, Haimoff, Gersen, Lipson, Garley & Niedergang, attorneys), for Stephen-Leedom Carpet Co., Inc., respondent-appellant.

MURPHY, P. J., and FEIN, J., concur with BLOOM, J.; CARRO and SILVERMAN, JJ., dissent in an opinion by SILVERMAN, J.


BLOOM, J.

Stephen-Leedom Carpet Co., Inc. (plaintiff), brought this action to recover a sum in excess of $4 million on a comprehensive dishonesty, disappearance and destruction policy issued to it by Insurance Company of North America (INA). The policy covered, among other things, loss of property occasioned by fraudulent or dishonest acts committed by any of plaintiff's employees. Following the initial stages...

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