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HARRY WEISS, INC. v. MOSKOWITZ

10257N, 109435/09.

106 A.D.3d 668 (2013)

966 N.Y.S.2d 76

2013 NY Slip Op 3927

HARRY WEISS, INC., Appellant, et al., Plaintiff, v. MENDEZ MOSKOWITZ et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided May 30, 2013.

In this action, plaintiff diamond dealer alleges, among other things, that its broker, defendant Mendez Moskowitz and his company defendant BMW Diamonds, Inc., never intended to pay for diamonds it acquired from plaintiff. Defendants counterclaimed, alleging, among other things, that plaintiff failed to pay commissions to defendants.

More than two years into this litigation, plaintiff's bookkeeper revealed at his deposition...

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