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SCHUMAN v. CONFORTI

41 A.D.2d 661 (1973)

Herman Schuman, Appellant, v. Alfred J. Conforti, Respondent

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

February 13, 1973

Order reversed, on the law, and motion granted, with $20 costs and disbursements; the clerk of the trial court is directed to add to the foot of the judgment a direction to defendant to pay the amount of the judgment.

In our opinion, the motion should have been granted because defendant was entrusted with a specific $10,000 fund in escrow, he stood in a fiduciary relationship with plaintiff, not with a third party, and was...

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