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KRAUT v. MORGAN & BROTHER STOR.

46 A.D.2d 19 (1974)

Harry Kraut, Respondent, v. Morgan & Brother Manhattan Storage Co., Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant. Jacob Spindel, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 12, 1974.

Attorney(s) appearing for the Case

Morris Zweibel of counsel (Crowe, McCoy, Agoglia, Congdon & Zweibel and Aaron, Bruman & Gates, attorneys), for defendant-appellant and third-party plaintiff-appellant.

O. John Rogge for respondent.

Albert F. Ciancimino for third-party defendant-respondent.

TILZER and CAPOZZOLI, JJ., concur with NUNEZ, J. P.; STEUER, J., dissents in an opinion in which MURPHY, J., concurs.

NUNEZ, J. P.

The facts are succinctly stated in the dissent. We are in unanimous agreement that the determination of the jury in plaintiff's favor on the first cause of action for the value of the 19 pieces of Russian enamel works of art which were not recovered should prevail.

Plaintiff's remaining cause of action was for his expense in recovering the bulk of the stolen items. And while he has a cause of action for such relief (Jones v. Morgan...

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