Cherney v. Pilevsky

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on March 26, 1991, which, inter alia, granted plaintiff’s motion for summary judgment as to all causes of action in the complaint, dismissed defendant’s fourth and fifth counterclaims on the merits, and dismissed defendant’s remaining counterclaims without prejudice to a separate action in an appropriate forum, unanimously affirmed, with costs.

There is no merit to defendant’s contention that the escrow funds, representing the sole remaining asset of defendant partnership, were intended to secure plaintiff’s indebtedness…