Katz v. Kar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover a sum of money allegedly due pursuant to an arbitration award, brought pursuant to CPLR 3213 as a motion for summary judgment in lieu of complaint, the defendant appeals from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated February 26,1991, as denied his cross motion to dismiss the action.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the action is dismissed.
On or about October 15, 1984, the plaintiff entrusted the defendant with diamonds with the understanding that the…
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