[*1]
Zolin v Edelman
2008 NY Slip Op 50116(U) [18 Misc 3d 133(A)]
Decided on January 18, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 18, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570111/07.

Donald M. Zolin, Plaintiff-Appellant,

against

Marsha Edelman, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Debra R. Samuels, J.), dated December 4, 2004, which denied his motion for partial summary judgment.


Per Curiam.

Order (Debra R. Samuels, J.), dated December 4, 2004, affirmed, with $10 costs.

In this action seeking the return of monies allegedly given by plaintiff as a security deposit, plaintiff's motion for partial summary judgment was properly denied. The record discloses factual issues as to the nature of the parties' relationship and the terms of the oral agreement between them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 18, 2008