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JANUSONIS v. CARAUSKAS

2014-04683, Index No. 502798/13.

137 A.D.3d 1218 (2016)

28 N.Y.S.3d 438

2016 NY Slip Op 02330

GINTAS JANUSONIS, Appellant, v. AUDRIUS CARAUSKAS, Doing Business as DUNGEON OF NOISE STUDIO, Respondent.

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

Decided March 30, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

As alleged in the complaint, the plaintiff, a professional musician and owner of a recording studio in Brooklyn, purchased a 1978 Amek M2000 In-Line Recording Console (hereinafter the console) which the defendant, an Illinois resident, had advertised for sale on eBay. After the console was delivered to the plaintiff in New York, the plaintiff discovered that it had been damaged in transit. As...

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