Carmen Caban and Tony Singleton, Plaintiffs-Appellants, v. Oscar's Gold & Diamonds, Defendant-Respondent. (2026)

Supreme Court, Appellate Term, New York,

Carmen Caban and Tony Singleton, Plaintiffs-Appellants, v. Oscar's Gold & Diamonds, Defendant-Respondent.

571097 /26

Decided: October 20, 2026

PRESENT: Tisch, J.P., Perez, Alpert, JJ.

Per Curiam.

Judgment (Dana M. Catanzaro, J.), entered April 10, 2025, insofar as appealed from, affirmed, without costs.

A fair interpretation of the evidence supports the trial court's determination limiting plaintiffs' recovery to the sum of $550.00 in this action for conversion (Claridge Gardens v Menotti, 160 AD2d 544, 544-545 [1990]), since they failed to proffer competent evidence demonstrating the jewelry converted had a value above that amount (see e.g. Kante v Queens Medallion Leasing, Inc., 46 Misc 3d 139[A], 2015 NY Slip Op 50087[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; Correa v Midtown Moving, 4 Misc 3d 135[A], 2004 NY Slip Op 50798[U] [App Term, 1st Dept 2004]). Nor were plaintiffs entitled to a judgment based on the sentimental value of the items (see e.g. Dixon v Public Storage, 65 Misc 3d 131[A], 2019 NY Slip Op 51577[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]).

We have considered plaintiffs' remaining contentions and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: October 20, 2026

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