Opinion
Submitted April 21, 1999
June 21, 1999
In an action to recover damages for conversion and unjust enrichment, the defendants Greenpoint Savings Bank and Cullen and Dykman appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered April 24, 1998, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Cullen and Dykman, Garden City, N.Y. (Sherri L. Kaplan of counsel), for appellant Greenpoint Savings Bank, and appellant pro se.
Max E. Greenberg, Trager, Toplitz Herbst, New York, N Y (Seth J. Farber of counsel), for respondents.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that numerous issues of fact precluded summary judgment dismissing the complaint insofar as asserted against the appellants ( see, e. g., Shapiro v. McNeill, 92 N.Y.2d 91, 96; Matter of White v. City of Mount Vernon, 221 A.D.2d 345, 346; Nathan v. Bernstein, 252 App. Div. 497, 499).