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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The court finds, by a preponderance of the credible evidence, that defendant’s agents, the only people who would have had access to the apartment after eviction, negligently removed plaintiff’s property, including the large items listed in plaintiff’s exhibit 1. The court bases this finding primarily on the credible testimony of plaintiff, her neighbor, and the marshal. The neighbor witnessed the eviction as it occurred. She specifically observed, in addition to boxes having been placed on the curb, the presence of a U-Haul; that is, a truck large enough to transport the large items identified by plaintiff as having been discarded by defendant (plaintiff’s exhibit 1). Notably, no other witnesses refuted this testimony. Neither Regev nor Datt were present during the eviction itself. Nor was plaintiff in the apartment during or immediately after the eviction. Similarly, plaintiff’s father was not present because the marshal had transported him to Housing Court.

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