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New York Court of Appeals, 1981

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

Teviro Casuals, Inc. v. American Home Assurance Co.
New York Court of Appeals · Decided October 20, 1981
54 N.Y.2d 915; 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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