ZELL v. BERGLAS


261 A.D.2d 613 (1999)

690 N.Y.S.2d 721

ZELL & ETTINGER et al., Respondents, v. MENASHE BERGLAS, Appellant, et al., Defendants.

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

Decided May 24, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiffs commenced the instant action against the defendant Menashe Berglas to recover damages for the misappropriation of funds by his wife, the defendant Gittel Berglas. Menashe sought summary judgment on the ground that he neither knew of nor benefited...

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