Wilson v. Gem Pawnbrokers Manhattan Corp.

Appellate Division of the Supreme Court of New York

Wilson v. Gem Pawnbrokers Manhattan Corp.

186 A.D.2d 517, 589 N.Y.S.2d 325, 1992 N.Y. App. Div. LEXIS 12348

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 29, 1992

StatusPublished

Cited by1 cases

This text of 186 A.D.2d 517 (Wilson v. Gem Pawnbrokers Manhattan Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Gem Pawnbrokers Manhattan Corp., 186 A.D.2d 517, 589 N.Y.S.2d 325, 1992 N.Y. App. Div. LEXIS 12348 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Judgment, Supreme Court, New York County (Harold Baer, Jr., J.) entered September 3, 1991, which, after a non-jury trial, awarded plaintiff a total of $29,459.21, unanimously affirmed, with costs.

Plaintiff proved at trial that he pledged $16,200 in jewelry to defendant for a loan of $1,800, and that the goods pledged were not returned. The burden then shifted to defendant, to prove by a preponderance of the evidence, that it was not at fault (see, Art Masters Assocs. v United Parcel Serv., 77 NY2d 200, 210-212 [Titone, J., dissenting]). Defendant attempted to meet that burden by seeking to prove that the goods pledged were stolen from defendant’s former employees in a gunpoint robbery. However, there was an absence of evidence in admissible form to show how the goods pledged were lost.

A term of the pawn agreement, printed in English on the pawn ticket and posted on two signs, limiting liability in this case to twice the amount of the loan ($3,600), is inapplicable. A contractual limitation upon liability is of no force or effect in an action where conversion is shown (I.C.C. Metals v Municipal Warehouse Co., 50 NY2d 657).

We have considered defendant’s remaining arguments, and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Wallach and Ross, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment, Supreme Court, New York County (Harold Baer, Jr., J.) entered September 3, 1991, which, after a non-jury trial, awarded plaintiff a total of $29,459.21, unanimously affirmed, with costs.

Plaintiff proved at trial that he pledged $16,200 in jewelry to defendant for a loan of $1,800, and that the goods pledged were not returned. The burden then shifted to defendant, to prove by a preponderance of the evidence, that it was not at fault (see, Art Masters Assocs. v United Parcel Serv., 77 NY2d 200, 210-212 [Titone, J., dissenting]). Defendant attempted to meet that burden by seeking to prove that the goods pledged were stolen from defendant’s former employees in a gunpoint robbery. However, there was an absence of evidence in admissible form to show how the goods pledged were lost.

A term of the pawn agreement, printed in English on the pawn ticket and posted on two signs, limiting liability in this case to twice the amount of the loan ($3,600), is inapplicable. A contractual limitation upon liability is of no force or effect in an action where conversion is shown (I.C.C. Metals v Municipal Warehouse Co., 50 NY2d 657).

We have considered defendant’s remaining arguments, and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Wallach and Ross, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

186 A.D.2d 517, 589 N.Y.S.2d 325, 1992 N.Y. App. Div. LEXIS 12348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-gem-pawnbrokers-manhattan-corp-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack