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SWIG EQUITIES, LLC v. KRUGER

7180. 152931/17.

165 A.D.3d 404 (2018)

85 N.Y.S.3d 39

2018 NY Slip Op 06471

Swig Equities, LLC, Appellant, v. Bernard M. Kruger, Respondent, et al., Defendants.

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

Decided October 2, 2018.

Plaintiff alleges that defendant converted certain photographs transferred to him by plaintiff's principal, Kent Swig, in 2011, two years after Swig defaulted on a short-term loan extended by plaintiff and plaintiff obtained a judgment against him. The factual allegation that defendant had orally promised to safeguard the photographs as a personal favor to Swig is inherently incredible in the face of the undisputed facts, and the...

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