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

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.