Rosenblatt v. Danzis

While presiding in Special Term Part II, a ruling was requested on a matter of dispute between counsel during the examination held before trial of the defendant in the court. This action was brought pursuant to section 5-419 of the General Obligations Law, wherein plaintiff seeks to recover the sum of $191,607.10, representing losses on a series of gambler’s wagers entered into by plaintiff with the defendant.

Plaintiff alleges that payment of these moneys was made to the defendant by means of plaintiff’s checks drawn to the order of fictitious payees, and that such checks were then indorsed…