Callahan's Shursave, Inc. v. Traveler's Companies, Inc.

Order insofar as appealed from unanimously affirmed without costs. Memorandum: Plaintiff commenced an action against its insurer seeking to recover $21,141 for loss allegedly due to employee theft. Defendant thereafter moved for summary judgment on the ground that a policy exclusion prohibits plaintiff from proving loss solely by means of an inventory computation or a profit and loss computation, which, defendant argued, was what plaintiff had done in its claim.

Special Term’s denial of defendant’s motion for summary judgment was proper. The policy excludes coverage against loss by the…