PER CURIAM.
The watch involved while ornamented with diamonds was primarily an article of daily use and not a jewel, ornament or precious stone within the meaning of section 200 Gen. Bus. of the General Business Law. (See Ramaley v. Leland, 43 N.Y. 539; Briggs v. Todd, 28 Misc. 208; Jones v. Hotel Latham Co., 62 id. 620.) Nor would the fact that a broken clasp made it unsafe to wear the watch on the day of its loss change the nature of the article. ( Briggs v. Todd, supra.) The question of ownership was not raised below.
Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff in the amount of $500 with interest and costs.
All concur. Present — LYDON, CALLAHAN and SHIENTAG, JJ.