Teviro Casuals, Inc. v. American Home Assurance Co.

New York Court of Appeals

Teviro Casuals, Inc. v. American Home Assurance Co.

429 N.E.2d 830, 54 N.Y.2d 915, 445 N.Y.S.2d 151, 1981 N.Y. LEXIS 3112

New York Court of Appeals·Decided October 20, 1981·Published·Cited by 5 cases

Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (81 AD2d 814). Appellant failed to adduce any evidence, aside from its inventory computations, that it sustained any loss. Inasmuch as the exclusionary clause in the policy expressly provides that the policy does not cover losses the existence of which are proved solely by inventory computations, appellant failed to prove a prima facie case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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OPINION OF THE COURT

On summary consideration, order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (81 AD2d 814). Appellant failed to adduce any evidence, aside from its inventory computations, that it sustained any loss. Inasmuch as the exclusionary clause in the policy expressly provides that the policy does not cover losses the existence of which are proved solely by inventory computations, appellant failed to prove a prima facie case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Teviro Casuals, Inc. v. American Home Assurance Co., 429 N.E.2d 830, 54 N.Y.2d 915, 445 N.Y.S.2d 151, 1981 N.Y. LEXIS 3112 (N.Y. 1981).

Pincite

429 N.E.2d 830 (Teviro Casuals, Inc. v. American Home Assurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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