Louis Milona & Sons, Inc. v. Marshall

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered March 27, 1989, which vacated a prior default judgment entered by that court on or about December 5, 1988, unanimously affirmed, without costs.

This action arises out of a consignment agreement allegedly signed by defendant, Carl Marshall, upon the delivery by plaintiff, Louis Milona & Sons, Inc., of a $28,000 Russian sable coat. The coat neither having been returned nor paid for, plaintiff seeks damages from defendant in the amount of its value. It is defendant’s contention that the coat was not delivered to him as a…