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JULIEN ENTERTAINMENT.COM, INC. v. LIVE AUCTIONEERS, LLC

2327, 652791/11.

145 A.D.3d 623 (2016)

2016 NY Slip Op 08933

42 N.Y.S.3d 822

JULIEN ENTERTAINMENT.COM, INC., Doing Business as JULIEN'S AUCTIONS, Respondent, v. LIVE AUCTIONEERS, LLC, Appellant, et al., Defendants.

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

Decided December 29, 2016.

Defendant established prima facie that its conduct was not grossly negligent and that it was therefore entitled to enforce the contractual limitations on liability contained in its "Terms & Conditions Acknowledgement [sic] Form" (see Colnaghi, U.S.A., v Jewelers Protection Servs., 81 N.Y.2d 821 [1993]). In opposition, plaintiff failed to submit evidence that supported its allegation that defendant knowingly and intentionally...

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