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MADISON AVENUE DIAMONDS LLC v. KGK JEWELRY LLC

159045/12-654470/12, 1861, 1860, 1859.

143 A.D.3d 501 (2016)

2016 NY Slip Op 06661

39 N.Y.S.3d 18

MADISON AVENUE DIAMONDS LLC et al., Appellants, v. KGK JEWELRY LLC, Respondent.

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

Decided October 11, 2016.

Plaintiff Madison is a wholesaler of jewelry. Plaintiff Lax is Madison's personal guarantor. Defendant KGK was Madison's exclusive manufacturer for the jewelry. Madison and KGK entered into a settlement agreement in which Madison agreed to pay outstanding amounts for jewelry over the time after KGK returned computer files used to manufacture the jewelry.

KGK's delivery of the converted computer files on Monday August 13, 2012, one day after the 45-day period provided...

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