It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion seeking summary judgment dismissing the first cause of action and reinstating that cause of action and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking, inter alia, to recover the sum of $88,157.57 transferred by plaintiff to defendant at a time when the parties...
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