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MARDER'S ANTIQUE JEWELRY, INC. v. BOLTON

10917, 152926/12.

179 A.D.3d 619 (2020)

114 N.Y.S.3d 877

2020 NY Slip Op 00674

Marder's Antique Jewelry, Inc., Appellant, v. David I. Bolton et al., Respondents.

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

Decided January 30, 2020.

Plaintiff is in the business of buying and selling jewelry and retained defendants to represent plaintiff in an effort to recover pieces of antique jewelry that it had loaned to plaintiff's principal's (Arthur Marder) cousin, who then used them as security for personal loans. Defendants demonstrated prima facie that, assuming they were negligent in delaying prosecution of the underlying case against the cousin and the lender, plaintiff is unable to demonstrate that the delay...

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