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WILSON v. GEM PAWNBROKERS MANHATTAN CORP.

186 A.D.2d 517 (1992)

Albert G. Wilson, Respondent, v. Gem Pawnbrokers Manhattan Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 29, 1992

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 N.Y.2d 200, 210-212 [Titone, J., dissenting]). Defendant attempted to meet that burden by seeking to prove that the goods pledged...

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