VANLEIGH CARPET v. SCHOOR'S IRON FORGE


65 Misc.2d 504 (1971)

Vanleigh Carpet Corp., Plaintiff, v. Gene Schoor's Iron Forge, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

February 10, 1971


Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan (Morton S. Bunis of counsel), for plaintiff. Jerome B. Fleischman for defendant.


LEONARD H. SANDLER, J.

The somewhat unusual facts of this case confront this court with the troublesome problem of determining which of two parties, both innocent of any purposeful wrongdoing, should bear the burden of a loss caused by the dishonesty of one who is not before the court and is not likely to be responsive to the remedies of civil action.

The plaintiff is a corporation engaged in the sale of furniture, furnishings and carpetings....

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