Facts

In 2002, plaintiff Javid Nazarian and defendant Abraham Larry, entered into an oral agreement in which plaintiff would provide defendant with antique items on consignment for commercial resale at a profit to both parties. Defendant had a shop full of goods largely on consignment. Over the next two years, plaintiff dropped off antique items and traded items with defendant which defendant used for his inventory at his antique store. Through this exchange, plaintiff was able to capitalize on increased sales, while defendant received antiques on consignment without the expense of purchasing inventory.

In 2004, plaintiff learned other consignors were having issues with defendant, so he prepared a written consignment agreement to document the oral agreement that the parties had been acting under for the past two years. A few months later, a fire broke out at defendant's store, damaging plaintiff's antiques. Defendant did not have fire insurance. Around that time, plaintiff noticed defendant was removing plaintiff's items from the shop. Defendant claimed he was placing the items in his storage. Soon after the fire, defendant closed the store.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendant converted 12 items. The plaintiff also claimed the defendant's wife filed for bankruptcy (defendant claimed his wife owned the antique business).

DEFENDANT'S CONTENTIONS:
The defendant contended the signature on the consignment agreement was not his. The defendant also claimed he was improperly sued because his wife owned the store. Lastly, the defendant claimed he returned all of plaintiff's property.

Damages

$40,750 for the missing antiques.

Result

Bench decision for $40,750, plus $4,669 in pre-judgment interest.