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Posts Categorized: Conversion

Posted: April 21, 2018

Conversion Claim Cannot be Based on Deleting E-Mail Absent Evidence That No Copies Remained

On April 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Young Adult Inst., Inc. v. Corporate Source, Inc., 2018 NY Slip Op. 30640(U), holding that deleting e-mails could not be the basis for a conversion claim absent evidence that no copies of the e-mails remained, explaining: YAI’s cause… Read more »

Posted: March 15, 2018

Defendant Liable for Converting Money Belonging to Plaintiffs Even Though the Possession Was Only Temporary

On March 6, 2018, the First Department issued a decision in 135 Bowery LLC v. Beach Channel Shoppers Mart Co., LLC, 2018 NY Slip Op. 01443, holding that a defendant could be liable for conversion of funds even though its possession of the funds was only temporary, explaining: Plaintiffs established a prima facie case of… Read more »

Posted: September 2, 2017

Claim for Money Had and Received Dismissed

On August 17, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in 413 W. 48th St. Housing Development Fund Corp. v. Saparn Realty, Inc., 2017 NY Slip Op. 31773(U), dismissing a claim for money had and received, explaining: A claim for money had and received requires a showing that: (1)… Read more »

Posted: August 12, 2017

Plaintiff Awarded Damages on Conversion Claim Even Though Converted Funds Returned

On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Cargill Soluciones Empresariales, S.A. De C.V., SOFOM, E.N.R. v. Desarrolladora Farallon S. de R.L. de C.V., 2017 NY Slip Op. 31650(U), awarding judgment and damages on a conversion claim even though the defendant returned the converted funds, explaining:… Read more »

Posted: April 25, 2017

Client Q&A: My company has been sued for replevin, conversion, promissory estoppel, and constructive trust

My company has been sued for replevin, conversion, promissory estoppel, and constructive trust. What do these words even mean?! By Vitali S. Rosenfeld Misappropriation of assets takes many forms and invites all kinds of claims seeking various legal remedies. Very often, many alternative claims are asserted for the same alleged wrong. For instance, it is… Read more »

Posted: January 29, 2016

Conversion Claim Based on Transfer of Funds in Defendant’s Escrow Account to Third Party Upheld

On January 19, 2016, the First Department issued a decision in Grasshoff v. Etra, 2016 NY Slip Op. 00304, upholding a conversion claim based on the defendant’s transfer of funds in its escrow account to a third-party. In Grasshoff, the trial court granted the plaintiff summary judgment based on evidence “showing that he transferred his… Read more »