Teviro Casuals, Inc. v. American Home Assurance Co.
New York Court of Appeals
Teviro Casuals, Inc. v. American Home Assurance Co., 54 N.Y.2d 915 (N.Y. 1981)
445 N.Y.S.2d 151; 429 N.E.2d 830; 1981 N.Y. LEXIS 3112
Teviro Casuals, Inc. v. American Home Assurance Co.
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.
Reference
- Full Case Name
- Teviro Casuals, Inc., Appellant, v. American Home Assurance Company, Respondent
- Cited By
- 5 cases
- Status
- Published