Legal Opinion

Rollock v. Gerald Modell Inc.

Appellate Terms of the Supreme Court of New York

Decided September 25, 1996PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Judgment entered November 27, 1995 reversed, without costs, and judgment awarded in favor of defendant dismissing the action.

On the thin record developed at the trial of this small claims action, we find no basis to impose liability upon the defendant, a collateral loan broker or pawnbroker (see, General Business Law art 5), for its alleged "negligen[t] loss” of a bracelet pledged by the plaintiff. Since the award obtained by plaintiff below does not accomplish "substantial justice * * * according to * * * substantive law” (CCA 1804, 1807), we reverse and grant judgment to…

3Cases cited5 opinions

  1. Pajak v. PajakNew York Court of Appeals · 1982
  2. I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
  3. Noce v. KaufmanNew York Court of Appeals · 1957
  4. Laffin v. RyanAppellate Division of the Supreme Court of the State of New York · 1957
  5. Wilson v. Gem Pawnbrokers Manhattan Corp.Appellate Division of the Supreme Court of the State of New York · 1992

4Cited by3 opinions

  1. Williams v. RoperAppellate Division of the Supreme Court of the State of New York · 2000
  2. Brown v. WilsonAppellate Terms of the Supreme Court of New York · 2016
  3. Schulman v. Group Health Inc.Appellate Terms of the Supreme Court of New York · 2006

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