Legal Opinion

Bushkin, Gaims, Gaines, Jonas & Stream v. Garber

District Court, S.D. New York

Decided January 26, 1988No. 85 Civ. 9287-EWPublishedCited by 5 opinions

1Opinion of the Court

OPINION

BRIEANT, Chief Judge.

In dispute in this action is ownership of municipal bonds with a face value of $75,-000. On October 8, 1984, Barry Spitel ordered J.B. Hanauer & Co. (“Hanauer”) to purchase the bonds for the account of Harry Spital, Barry Spital’s father. The bonds were delivered by Hanauer to the offices of Gabalis Mfg., Inc. (“Gabalis”), of which Barry Spital had been a principal until July, 1984. Barry Spital had withdrawn from that enterprise after Sharon Garber, the president of Gabalis, accused him of diverting company funds and inventory. He sought arbitration and Garber…

2Cases cited3 opinions

  1. Mangini v. McClurgNew York Court of Appeals · 1969
  2. Farrington v. Harlem Savings BankNew York Court of Appeals · 1939
  3. Rill v. DarlingAppellate Division of the Supreme Court of the State of New York · 1964

3Cited by5 opinions

  1. Allen v. Westpoint-Pepperell, Inc.Court of Appeals for the Second Circuit · 1991
  2. Gazes v. DelPrete (In Re Clinton Street Food Corp.)United States Bankruptcy Court, S.D. New York · 2000
  3. Nelson v. StahlDistrict Court, S.D. New York · 2001
  4. Maddaloni Jewelers, Inc. v. Rolex Watch U.S.A., Inc.District Court, S.D. New York · 2004
  5. Allen v. Westpoint-Pepperell, IncorporatedCourt of Appeals for the Second Circuit · 1991

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