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EDWARDS v. HORSEMEN'S SALES

148 Misc.2d 212 (1989)

James F. Edwards, Plaintiff, v. Horsemen's Sales Co., Inc., et al., Defendants.

Supreme Court, New York County.

November 9, 1989

Attorney(s) appearing for the Case

McKenzie, Meaders & Ives for plaintiff. Robert F. Green for defendants.

EDWARD J. GREENFIELD, J.

Plaintiff moves for an order pursuant to CPLR 3212 (a) and (c) granting summary judgment on the third cause of action in the amended complaint alleging that Steve M. Ostrer and Benjamin Ostrer (collectively the Ostrer brothers), as directors and officers of Horsemen's Sales Co., Inc. misappropriated and converted $49,002 to their own use.

Plaintiff had consigned five horses to Horsemen's Sales to be sold at auction at...

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