DAVIDOLL DESIGNS, INC. v. RELIANCE INSURANCE COMPANY


279 A.D.2d 364 (2001)

719 N.Y.S.2d 81

DAVIDOLL DESIGNS, INC., Appellant, v. RELIANCE INSURANCE COMPANY, Respondent.

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

Decided January 18, 2001.


Summary judgment was properly granted to defendant insurer since the subject policy contained the standard exclusion for "[l]oss or damage to property while in or upon any automobile * * * unless, at the time the loss or damage occurs, there is actually in or upon such vehicle, the Insured * * * or a person whose sole duty is to attend the vehicle," and the record discloses no factual basis to conclude that, at the time of the theft, plaintiff's salesman was actually "in...

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