Siegelson's Diamonds & Jewelry, Inc. v. Harry Winston, Inc.

—Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered August 27, 1992, which denied the parties’ respective motions for summary judgment, unanimously modified, on the law, to the extent of granting plaintiffs motion, and as so modified, the order is affirmed, without costs.

Plaintiff commenced the instant action against defendant Winston for conversion of a 5.71 carat diamond. Defendant New York City Police Department is the stakeholder.

Plaintiff sold the gem to one Flick in exchange for a piece of paper purporting to be a cashier’s check in the amount of $155,800 drawn on…