Legal Opinion

Galtieri v. Kramer

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1996PublishedCited by 8 opinions

1Opinion of the Court

—In an action to recover damages for conversion of a check, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated November 6, 1995, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs tendered a check to the defendant, an attorney, "in full satisfaction” of an existing debt owed to the defendant’s client. Although the defendant deposited the check in his "attorney trust account”, he did so "without prejudice” to his client’s rights. In response, the plaintiffs commenced the…

2Cases cited5 opinions

  1. Meese v. MillerAppellate Division of the Supreme Court of the State of New York · 1981
  2. Della Pietra v. StateNew York Court of Appeals · 1988
  3. Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
  4. White v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1995
  5. Pietra v. StateAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by8 opinions

  1. Old Republic National Title Insurance v. Cardinal Abstract Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  2. El-Khoury v. KarasikAppellate Division of the Supreme Court of the State of New York · 1999
  3. J.S. Gourmet, Inc. v. Bretton Woods Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2004
  4. Learning Annex Holdings, LLC v. GittelmanAppellate Division of the Supreme Court of the State of New York · 2008
  5. Yanuck v. Medlyn Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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