New York Court of Appeals, 1981

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

Cases that cite this one

3 later published cases cite this decision.

Ace Wire & Cable Co. v. Aetna Casualty & Surety Co. (N.Y. 1983)
Ace Wire & Cable Co. v. Aetna Casualty & Surety Co. (Appellate Division of the Supreme Court of New York 1982)
Callahan's Shursave, Inc. v. Traveler's Companies, Inc. (Appellate Division of the Supreme Court of New York 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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