ROSS v. MARKHAM


175 A.D.2d 590 (1991)

Benjamin N. Ross, Appellant, v. Richard L. Markham, Respondent

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

July 12, 1991


Order unanimously reversed on the law without costs, motion granted, cross motion denied and complaint reinstated.

Memorandum:

Plaintiff sued defendant for the unauthorized sale of race horses, which plaintiff alleged that he owned. Supreme Court erred in granting defendant summary judgment. There is an issue of fact concerning ownership of the horses in question. Supreme Court also erred in denying plaintiff's motion to amend the complaint to allege that...

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