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KEY BANK OF WESTERN NEW YORK v. AVEMCO INS. CO.

195 A.D.2d 994 (1993)

600 N.Y.S.2d 557

Key Bank of Western New York N. A., Appellant, v. Avemco Insurance Company, Respondent

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

July 16, 1993

Order unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover the insurance proceeds from a policy issued by defendant. The policy insured an airplane owned by plaintiff. In June of 1989 plaintiff notified defendant that the plane's log books and maintenance records were missing and made a claim for the loss under the insurance policy. Plaintiff alleged that it suffered a diminution in the plane's value of $159,220 due to...

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