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MARTE v. GRABER

2009-1872 QC.

31 Misc.3d 70 (2011)

AMIN MARTE, Appellant, v. SANDRA GRABER, as Voluntary Administrator of the Estate of HERMAN I. GRABER, Deceased, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided March 2, 2011.

Attorney(s) appearing for the Case

David M. Goldberg , Amenia, for appellant.

Stephen C. Cooper , New York City ( Ronald Cohen of counsel), for respondent.

STEINHARDT, J.P., PESCE and WESTON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is modified by providing that the branch of defendant's cross motion seeking the dismissal of the complaint is denied; as so modified, the order, insofar as appealed from, is affirmed, without costs.

In this action to recover damages for "money had and received," plaintiff moved, insofar as is relevant to this appeal...

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