Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)

Citation: Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Parent Document: Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Jurisdiction: New York (state)
Effective Date: 2017-07-12
Original Source: https://www.courtlistener.com/opinion/6319195/caldwell-v-928-gerard-avenue-partners/ ↗

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After the eviction, Regev testified that he surveyed the apartment with his employees, where Regev observed several boxes *860that he instructed the employees to transfer to the ground floor. Regev testified that plaintiff’s father “only cared about his precious books” and “writings” (tr 64:15-18). According to Regev, plaintiffs father personally expressed that “everything else was . . . meaningless and can be thrown away” (tr 64:23-25). Regev testified, however, that they merely removed all property to the ground floor, then asked plaintiff, via four hand-delivered letters and numerous text messages, to remove the items (tr 65 et seq.).7 When asked by plaintiff what was removed from the apartment by defendant and stored—specifically, “beds,” “cribs,” and “TVs,” Regev did not deny that those items were present (tr 75:20-25 [“Everything that was stored in the apartment, other than garbage”]). Discussion

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