Gross v. Hanover Ins. Co.

138 F.R.D. 53 (S.D.N.Y. 1991)


Gross (P) has alleged the loss of $217,800 in diamonds consigned to 3-R Jewelers, and approximately $48,000 in diamonds and emeralds left by P at 3-R for safekeeping. 3-R was owned by Anthony Rizzo, who employed his brother Joseph. P made a claim to Hanover (D) for $75,000 total. The parties agree that the loss of the jewels was the result of a theft at the 3-R store. A witness testified to some extremely shady dealings wherein it was alleged that Joseph had conspired in the theft. Joseph’s story was entirely different but just as unbelievable in that he had left the front of the store to get a warranty card and the two men present took everything from the safe he had left open. D also claimed that Joseph was a cocaine addict. Anthony was aware of that fact but continued to employ Joseph. D’s third party complaint seeks to implead Joseph and Anthony on the grounds that they would be liable to D should D be found liable to P. D asserts a claim against Joseph for negligent handling as plaintiff’s consignee or bailee or as the agent of 3-R, a claim of conversion against Joseph and against Anthony for negligent hiring and retention and supervision of Joseph.