Topliffe v. US Art Co., Inc

In Topliffe v. US Art Co., Inc. 40 AD3d 967 [2d Dept 2007], when artwork was missing, there was evidence that, prior to the discovery of the loss, there had been extensive renovations, and the artwork was inadvertently placed in a location in which construction refuse was routinely gathered and discarded. The court determined that, with this evidence, the trier of fact might reasonably believe that the artwork was accidently thrown away.