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STAR CITY SPORTSWEAR, INC. v. YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA

1 A.D.3d 58 (2003)

765 N.Y.S.2d 854

STAR CITY SPORTSWEAR, INC., Appellant, v. YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA, Respondent.

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

October 28, 2003.

Attorney(s) appearing for the Case

Weg & Myers, P.C. (Joshua L. Mallin, Dennis T. D'Antonio and Romilda P. Crocamo of counsel), for appellant.

Maloof & Browne LLP (Thomas M. Eagan and David T. Maloof of counsel), for respondent.

BUCKLEY, P.J., and SAXE, J., concur with SULLIVAN, J.; MAZZARELLI and ANDRIAS, JJ., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

SULLIVAN, J.

This is an action to recover under an insurance policy for a $150,849.40 loss sustained as a result of a truck hijacking. The matter is before us on appeal from the grant of the defendant insurer's motion for summary judgment dismissing the complaint.

The evidence shows that on March 13, 2000, when the subject property, a shipment of ladies' clothing, was allegedly stolen by armed robbers, it was aboard a truck parked...

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