Defendant's contention that the Civil Court "misappl[ied] relevant law by holding that the affirmation of [defendant's] attorney was insufficient hearsay and by refusing to consider as admissible the attached documentary evidence" is without merit, since Judge Dankberg's decision clearly indicates that defendant's submissions were considered. Defendant never rebutted the presumption of negligence, because he failed to establish that the bailed diamond in question was one...
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