RIMBERG v. HOROWITZ

2019-12604, Index No. 508116/14.

206 A.D.3d 832 (2022)

171 N.Y.S.3d 104

2022 NY Slip Op 03914

Robert Rimberg, Respondent, v. Harry Horowitz, Appellant.

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

Decided June 15, 2022.


Attorney(s) appearing for the Case

Alan J. Firestone , Staten Island, NY, for appellant.

Goldberg & Markus PLLC, New York, NY ( Israel Goldberg and Helen J. Setton of counsel), for respondent.

Iannacci, J.P., Rivera, Chambers and Wooten, JJ., concur.


Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action to recover the sum of $30,000, allegedly representing the unpaid balance of sums advanced on behalf of the defendant upon an oral agreement. At the nonjury trial, the plaintiff testified that the parties' agreement, entered into in early 2010, was for the purchase of three mortgage loans from JPMorgan Chase Bank (hereinafter Chase) using sums advanced, in part, by the plaintiff...

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