Liebman v. Rosenthal

In an action to recover jewelry delivered by plaintiff to defendant, or the value thereof, order denying defendant’s motion for summary judgment affirmed in the exercise of discretion, without costs. The determination of the question of legality should await all the proof to be adduced upon the trial. Hagarty, Carswell, Johnston and Lewis, JJ., concur; Adel, J., concurs for affirmance insofar as the order denies the motion to dismiss the first and third causes of action alleged in the complaint, but dissents insofar as the order denies the motion to dismiss the second cause of action, and…