SIENNA CAPITAL GROUP, INC. v. ROSEN


44 A.D.3d 742 (2007)

843 N.Y.S.2d 188

SIENNA CAPITAL GROUP, INC., Respondent, v. JONATHAN M. ROSEN, Appellant.

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

Decided October 9, 2007.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The defendant, Jonathan M. Rosen (hereinafter Rosen), was an attorney for D & A Consultants Holding Corp. (hereinafter D & A), to which the plaintiff, Sienna Capital Group, Inc. (hereinafter Sienna), loaned the sum of $260,000. At the request of D & A, the sum of $260,000 was wired from Sienna's bank into an account...

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