Tenant Claims Employees Took Items from His Apartment

February 1, 2003

LVT Number: 16365

Tenant sued landlord, claiming that two long-time building employees had stolen items from her apartment. After pretrial questioning, landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no evidence supporting tenant's claim. It was based entirely on suspicion and speculation. This wasn't enough to raise a question of fact, requiring a trial. The case was dismissed.

Tenant sued landlord, claiming that two long-time building employees had stolen items from her apartment. After pretrial questioning, landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no evidence supporting tenant's claim. It was based entirely on suspicion and speculation. This wasn't enough to raise a question of fact, requiring a trial. The case was dismissed.

Ly v. Beaux Arts II, LLC: NYLJ, 1/23/03, p. 19, col. 5 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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