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  5. 287 A.D.2d 368 (2001)
 

S. BELLARA DIAMOND CORP. v. FIRST SPECIALTY INSURANCE CORP.

287 A.D.2d 368 (2001)

731 N.Y.S.2d 185

S. BELLARA DIAMOND CORP., Respondent, v. FIRST SPECIALTY INSURANCE CORP., Appellant.

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

Decided October 23, 2001.

The motion court correctly held that defendant insurer failed to meet its burden of proving, as a matter of law, that the "unexplained loss/mysterious disappearance" exclusion in the subject jeweler's block policy is applicable to the instant facts (see, Gurfein Bros. v Hanover Ins. Co., 248 A.D.2d 227). Plaintiff insured surmised that he accidentally threw the paper parcel of diamonds...

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