Summary
In Teviro Casuals v American Home Assur. Co. (54 N.Y.2d 915, affg on opn below 81 A.D.2d 814), an employee was caught in the act of stealing four garments from his employer's inventory.
Summary of this case from Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.Opinion
Decided October 20, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, PEGGY BERNHEIM, J.
Frank A. Weg for appellant.
Roberta Burman for respondent.
On summary consideration, order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 81 A.D.2d 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.