Legal Opinion

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

New York Court of Appeals

Decided October 20, 1981PublishedCited by 5 opinions

1Opinion of the Court

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.

2Cases cited1 opinion

  1. Teviro Casuals, Inc. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1981

3Cited by5 opinions

  1. Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1983
  2. Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Callahan's Shursave, Inc. v. Traveler's Companies, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1983