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FLECKENSTEIN v. NEHRBAS

16 A.D.2d 811 (1962)

Edward A. Fleckenstein, as Administrator D. B. N. of The Estate of Herbert T. Kerrigan, Deceased, Appellant, v. Harold A. Nehrbas et al., Trading as Parrish & Co., Respondents. In the Matter of The Estate of Herbert T. Kerrigan, Deceased. Fireman's Fund Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 21, 1962

Order, insofar as appealed from, reversed, without costs, and motion of said defendant stockbrokers (Parrish & Co.) for summary judgment denied.

In our opinion, there are issues of fact which preclude the granting of summary judgment. If it be assumed that the complaint states a cause of action in negligence, it may be found that the administratrix' alleged conversion of the stock certificates after their release from...

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