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IMAGE CLOTHING, INC. v. STATE NATIONAL INSURANCE COMPANY

291 A.D.2d 377 (2002)

736 N.Y.S.2d 885

IMAGE CLOTHING, INC., Tried as EXPLOTION, Respondent, v. STATE NATIONAL INSURANCE COMPANY, Appellant.

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

Decided February 4, 2002.

Ordered that the order is modified, on the law, by adding thereto a provision that, upon searching the record, summary judgment is awarded to the plaintiff; as so modified, the order is affirmed, with costs to the plaintiff.

The plaintiff, a men's clothing store, leased space in a building and was insured by the defendant for property damage. It is not disputed that on January 31, 2000, clothing merchandise belonging to the plaintiff was damaged in a specific dollar...

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