ZENDMAN v. WINSTON, INC.


196 Misc. 924 (1949)

Jane Zendman, Plaintiff, v. Harry Winston, Inc., Defendant.

Supreme Court, Special Term, New York County.

December 15, 1949.


Attorney(s) appearing for the Case

Herbert D. Cohen for plaintiff.

Leon Finley and David S. Meyer for defendant.


RABIN, J.

Plaintiff has brought an action for a judgment declaring the right to ownership and possession of a diamond ring. Defendant has counterclaimed in replevin demanding possession of the ring or payment of its alleged value of $11,000, together with interest and damages. Since the issue in both actions was the same, there was no necessity for a declaratory judgment and, therefore, the court at the trial...

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