Empleton v. D'Elia Gemstones Corp.

Order, Supreme Court, New York County, entered oh *752January 31, 1974, denying defendant's motion to dismiss the third causé of action, unanimously reversed, on the law, the motion granted and the third cause of action dismissed and severed. Appellants shall recover of respondent $60 costs and disbursements of this appeal. The plaintiff, Victor Empleton (Empleton), had stored a collection of gems allegedly valued at $250,000 with D’Elia Gemstones Corporation (D’Elia). These stones were subsequently sold by the defendant with the permission of the plaintiff but defendant refused to return the…