Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In an earlier appeal to this Court, we, inter alia, reversed a grant of summary judgment to plaintiff on its cause of action against defendant Morris Diamond alleging that he intended to defraud plaintiff when he pledged 32,000 shares of allegedly worthless Clinical Data stock as security for a loan to Kessler Graphics Corp. (Key Bank v Kessler...
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