ABKCO MUSIC & RECORDS, INC. v. MONTAGUE

110349/05, 4325

90 A.D.3d 402 (2011)

938 N.Y.S.2d 504

2011 NY Slip Op 8664

ABKCO MUSIC & RECORDS, INC., Appellant, v. NATHANIEL MONTAGUE et al., Respondents.

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

Decided December 1, 2011.


It is uncontroverted that from 1999 to 2005 plaintiff advanced funds to defendants to aid them in cataloging a collection of African American art and memorabilia. Plaintiff asserts that the funds advanced constituted a loan, while defendants contend that the advances were intended as gifts. In support of its claim, plaintiff presented three witnesses who testified that the advances were made as loans. At the close of plaintiff's case, defendants moved for a trial order of...

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