Samuels v. Rosenberg

In an action, inter alia, to recover damages for fraud and conspiracy, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Burrows, J.), entered February 20, 1990, which, upon granting the defendant’s motion, dismissed the complaint.

*640Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the defendant’s motion is denied, and the complaint is reinstated.

On or about May 9, 1989, the plaintiff David Samuels commenced a pro se action against the defendant by serving him with a summons without a complaint. On…