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Thomas J. Atkins & His Fi v. Sons, Ltd., Appellant,<BR>

Ira M. Greene for appellant. Peter A. Verdirame and Anthony J. De Cicco for respondent. COLDEN, KLEINFELD and HART, JJ., concur. common thought and speech (Abrams v. Great Amer. Ins. Co., 269 N.Y. 90, 92-93) and resolving ambiguity, if any, in favor of the plaintiff (Aldrich v. New York Life Ins. Co., 235 N.Y. 214, 223). The records introduced by plaintiff were sufficient to enable defendant accurately to determine the amount of the loss. The judgment should be unanimously reversed upon the law and the facts, with $30 costs to plaintiff, and judgment directed for the plaintiff for the sum of $1,496.03, with appropriate costs, in the court below. Judgment reversed, etc.

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ATKINS & FIVE SONS v. MASS. BOND. & INS. CO.
(Jan 5, 1955)