Schwartz v. 38 Town Associates

Judgment, Supreme Court, New York County (Bruce McM. Wright, J.), entered December 12, 1991, dismissing the complaint for failure to establish a prima facie case, and dismissing the third-party complaint, unanimously affirmed, with costs.

In this action to recover damages for lost merchandise, that allegedly disappeared after plaintiffs company was evicted from defendant landlord’s premises, the only witness at trial to testify about the actual inventory of merchandise on the date of eviction and the date, two weeks later, when the items were moved and the loss discovered, was plaintiff’s…