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ROSENBERG v. ROSENBERG

180 A.D.2d 607 (1992)

Sally Rosenberg, Appellant-Respondent, v. Gilbert Rosenberg, Defendant, and Warshaw Burstein Cohen Schlesinger & Kuh, Respondent-Appellant

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

February 27, 1992

In the first order appealed from, the IAS court denied defendant Warshaw's motion to dismiss the punitive damages claim against it, without elaboration. In the second order appealed from the IAS court found that the 1988 separation agreement did not create an escrow or fiduciary relationship between plaintiff and Warshaw, as no monies were deposited with Warshaw pursuant thereto, and the funds in escrow (under the 1985 agreement...

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