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Rolex Watch U.S.A. v. Choraria

Thief Cannot Pass Good Title to Subsequent Good-Faith Buyer; Rolex Ownership Determined

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DECISION AND ORDER

*1 The plaintiff brought this interpleader action to determine the ownership of a vintage Rolex watch that allegedly was stolen from the defendant, Kamal Choraria, in February 2007. The plaintiff obtained possession of the watch in 2017.Both defendants claim that they are the watch’s rightful owner. Choraria now moves for an order: (1) granting default judgment against defendant, Jeffrey Bouvier, d/b/a Bouvier Jewelers; and (2) entering a judgment directing that the watch be turned over to Choraria’s counsel. Mr. Bouvier opposes Choraria’s motion and cross-moves on behalf of Bouvier Brothers Incorporated (“Bouvier Brothers”) for leave to intervene. Plaintiff, Rolex, cross-moves for an order: (1) declaring that the time for all parties to submit pleadings has expired; (2) designating a receiver for the watch; (3) directing the transfer of possession of the watch from plaintiff to the designated receiver; and (4) discharging plaintiff of any liability related to its possession of the watch once the transfer is effectuated.Neither party substantively opposes Rolex’s motion, except to the extent of their claim to the watch; therefore, Rolex’s motion is granted upon the terms set forth below.Turning to the dispute between the defendants, the relevant facts are undisputed. Choraria is a dealer in vintage Rolex timepieces. On February 5,

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