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MACK v. KOSS

41 A.D.2d 966 (1973)

Sue E. Mack et al., Respondents, v. Ted Koss, Doing Business as Koss and Company, Appellant

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

May 29, 1973

Judgment reversed, on the law, and new trial granted, with costs to appellant to abide the event.

The appeal did not present questions of fact. On December 14, 1967 defendant, a stockbroker, sold 400 shares of stock for plaintiff Sue Ellen Mack and thereafter paid the proceeds to a third party instead of to her. She and her husband sued for the proceeds. In an attempt to show that the plaintiff husband, acting as his wife...

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