IRV-BOB FORMAL WEAR, INC v. PUBLIC SERVICE MUT. INS

Full title: IRV-BOB FORMAL WEAR, INC., Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE…

Court: Supreme Court, Appellate Term, Second Department

Date published: Apr 27, 1976

86 Misc. 2d 1006 (N.Y. App. Term 1976)

383 N.Y.S.2d 832

Opinion

April 27, 1976

Appeal from the Civil Court of the City of New York, Queens County, CHARLES H. COHEN, J.

Gwertzman, Nagelberg Pfeffer (Max J. Gwertzman of counsel), for appellant.

Loecher Solomon Zukerman (Murray M. Loecher of counsel), for respondent.

MEMORANDUM.

Judgment of the court below (see 81 Misc.2d 422) is affirmed, with $25 costs.

The determination that the merchandise was stolen from plaintiff's vehicle while in transit and therefore within the coverage of the policy issued by defendant, is supported by the evidence. Moreover, the wholesale price established by the expert testimony of plaintiff's president was sufficient, under the circumstances, to adequately establish the price of the tuxedos which were stolen. (See N Y Law of Damages, §§ 185, 196, 197.)

Concur: SCHWARTZWALD, P.J., PINO and RINALDI, JJ.