Tenant Claims Jewelry Stolen from Apartment

May 31, 1995

LVT Number: 9743

Tenant sued landlord, claiming that jewelry and silverware were stolen from her apartment while she was away on vacation. During that time, landlord's valet service had access to tenant's apartment. The court dismissed the case without a trial and tenant appealed. The appeals court again ruled against tenant. Tenant's claim that the theft could only have been done by one of the valet service's employees was pure speculation.

Tenant sued landlord, claiming that jewelry and silverware were stolen from her apartment while she was away on vacation. During that time, landlord's valet service had access to tenant's apartment. The court dismissed the case without a trial and tenant appealed. The appeals court again ruled against tenant. Tenant's claim that the theft could only have been done by one of the valet service's employees was pure speculation. Tenant's stepson lived in the apartment for part of the time tenant was away and it was just as likely that the crime was committed by someone known to tenant whose presence in the apartment wasn't due to any negligence on landlord's part.

Segev v. Trump Parc Condominium: NYLJ, p.26, col. 5 (5/30/95) (App. Div. 1 Dept.; Sullivan,JP, Rosenberger, Wallach, Nardelli, Williams, JJ)

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