Donner v. 50 Tom Corp.

In an action to recover damages, inter alia, for breach of contract, defendants appeal from an order of the Supreme Court, Westchester County (Leggett, J.), entered October 21, 1982, which granted plaintiff’s motion for imposition of penalties pursuant to CPLR 3126 to the extent that defendants were precluded from denying that they received money in the sum of $25,145 from plaintiff, that plaintiff was given nothing in return for the money, and that when plaintiff requested return of his funds, defendants wrongfully refused to comply. Order reversed, without costs or disbursements, and…