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LaROSA v. LEVINE

49 Misc.2d 932 (1966)

Elizabeth La Rosa, Respondent, v. Benjamin Levine, Doing Business as Benjamin Levine Co., Appellant.

Supreme Court, Appellate Term, Second Department.

March 16, 1966

Attorney(s) appearing for the Case

Samuel Kalmanash for appellant. Gary B. Berns for respondent.

BROWN and SCHWARTZWALD, JJ., concur.

Order affirmed, with $10 costs.

McDONALD, J., dissents and votes to reverse, with the following memorandum:

Plaintiff, a resident of Nassau County, instituted this action in the District Court of the County of Nassau to recover the sum of $6,000 damages for alleged negligence in failing to obtain insurance to cover a fur coat and stole belonging to the plaintiff.

The defendant is in the insurance business together with his brother, Philip...

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