FUNK v. BARRY


222 A.D.2d 1017 (1995)

635 N.Y.S.2d 909

Charles R. Funk, Respondent, v. Mark Barry et al., Appellants

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

December 22, 1995


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

Memorandum:

Following a bench trial, Supreme Court found in favor of plaintiff in the amount of $5,000 on his cause of action against defendants for conversion. Eleven months later, plaintiff's attorney submitted to defendants' attorney a proposed judgment, which defendants' attorney rejected as untimely. Plaintiff moved for an order permitting...

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