S. Bellara Diamond Corp. v. First Specialty Insurance

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about August 2, 2000, denying defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly held that defendant insurer failed to meet its burden of proving, as a matter of law, that the “unexplained loss/mysterious disappearance” exclusion in the subject jeweler’s block policy is applicable to the instant facts (see, Gurfein Bros. v Hanover Ins. Co., 248 AD2d 227). Plaintiff *369insured surmised that he accidentally threw the paper parcel of diamonds…