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KOBLENCE v. MODERN PAWN BROKERS, INC.

11418.

182 A.D.3d 496 (2020)

120 N.Y.S.3d 769

2020 NY Slip Op 02376

Rafael Koblence, Appellant, v. Modern Pawn Brokers, Inc., et al., Respondents.

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

Decided April 23, 2020.

The breach of contract claim was correctly dismissed, as plaintiff failed to plead or demonstrate his own performance under the parties' security agreement, and merely speculated as to any damages (see Second Source Funding, LLC v Yellowstone Capital, LLC, 144 A.D.3d 445, 445-446 [1st Dept 2016]).

The cause of action under General Business Law § 349 was correctly dismissed, as this dispute concerns a pawnbroker transaction...

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