Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.

OPINION OF THE COURT

Gulotta, J.

In this action on an insurance policy to recover for losses allegedly sustained by the plaintiffs due to a theft of inventory committed by unidentified employees, plaintiffs moved to strike the defendant’s answer denying liability and for summary judgment, whereupon the defendant cross-moved for summary judgment dismissing the complaint. From an order denying their motion and granting the defendant’s cross motion, plaintiffs appeal.

The issue presented for our determination is whether the plaintiffs have established the existence of a triable issue of fact…