LLC v. Gary Esterman, Defendant, Modell Financial Inc., doing business as Modell's, Defendant–Appellant. (2014)

Supreme Court, Appellate Division, First Department, New York.

The Pawn Shop LLC, et al., Plaintiffs–Respondents, v. Gary Esterman, Defendant, Modell Financial Inc., doing business as Modell's, Defendant–Appellant.

1240 4

Decided: May 06, 2014

Gonzalez, P.J., Mazzarelli, Sweeny, Manzanet–Daniels, Clark, JJ.

Law Office of Mitchell J. Devack, PLLC, East Meadow (Nicholas P. Otis of counsel), for appellant. Friedlander Laifer and Robbins, New York (Spencer B. Robbins of counsel), for respondents.

Order, Supreme Court, New York County (George J. Silver, J.), entered August 20, 2013, which, to the extent appealed from, denied the motion by defendant Modell Financial Inc. d/b/a Modell's for summary judgment dismissing the complaint as against it, unanimously affirmed, with costs.

Modell's showed that it complied with General Business Law article 5 and that it paid a collateral loan to defendant Esterman, thereby establishing prima facie that it obtained possession lawfully of jewelry that plaintiffs claim Esterman stole from them. However, plaintiff Krutoyarsky's affidavits, though sparse, raise the inference that the collateral identified on the pawn ticket is the jewelry stolen from plaintiffs by Esterman (see Solomon R. Guggenheim Found. v Lubell, 77 N.Y.2d 311, 317 [1991] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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