GAD v. GELB


237 A.D.2d 250 (1997)

655 N.Y.S.2d 399

Amnon Gad, Appellant, v. Lloyd I. Gelb et al., Respondents

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

March 3, 1997


Ordered that the order is reversed, on the law, with costs, the defendants' motion for summary judgment is denied, the complaint is reinstated, and the plaintiff's cross motion for partial summary judgment on the issue of liability is granted.

We agree with the plaintiff that his earlier action for summary judgment in lieu of complaint commenced pursuant to CPLR 3213 does not bar the instant fraud action. At the time that...

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