SCHWARTZ v. 38 TOWN ASSOCS.


187 A.D.2d 377 (1992)

Bart Schwartz, Appellant, v. 38 Town Associates, Respondent and Third-Party Plaintiff-Respondent. J & S Security Systems, Inc., Third-Party Defendant-Respondent

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

November 19, 1992


In this action to recover damages for lost merchandise, that allegedly disappeared after plaintiff's 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 production manager. Because this witness failed to return to court to complete his cross-examination, which had barely...

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