Grasso v. Grasso

Appeal from an order and judgment of the Supreme Court (Kramer, J.), entered June 21, 2006 in Schenectady County, which granted defendant’s motion to dismiss the complaint.

In 1980, plaintiff purchased earrings from defendant, who is plaintiff’s nephew and owns a jewelry store in Oklahoma. Flaintiff allegedly paid $1,750 for the earrings believing them to be made of diamonds and white gold, and he gave them to his mother. After his mother’s death in 1986, plaintiff and his brother (defendant’s father) divided her estate, with plaintiff *1023acquiring a set of earrings he believed to be the same…