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December 20, 2023 Motion for Leave to Amend Denied Where Proposed Third Amended Complaint Fails to Correct Defects of Prior Complaints
On October 30, 2023, Justice Andrew Borrok, of the New York County Commercial Division issued a decision in Kirschenbaum v De Baets, Index No. 653287/2019, 2023 NY Slip Op 33880(U), denying Plaintiff’s motion for leave to amend to file a third amended complaint where the proposed amendments were palpably insufficient and proposed claims that failed as a matter of law. The Court explained: Read More
April 28, 2023 Court Denies Motion to Dismiss Aiding and Abetting Conversion
In Decision and Order, dated March 28, 2023, in NW Media Holdings Corp. v. IBT Media, Inc., Index No. 652344/2022, Justice Melissa Crane granted in part and denied in part defendant Etienne Uzac’s motion to dismiss. This blog commented on a separate opinion in this case on April 5, 2023. The case concerned the purchase of Newsweek by plaintiff NW Media Holdings from defendant IBT. Uzac is a founder and owner of IBT, as well as its CEO. Plaintiff brought several causes of action, but as relevant to the aiding and abetting conversion claim, the Court explained: Read More
April 5, 2023 Conversion Claim Upheld Despite Dispute Over Whether Plaintiff Was "Exclusive" Owner of Allegedly Converted Property
On March 22, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op 30875(U), holding that to state a conversion claim, a plaintiff need not allege that it was the "exclusive" owner of the allegedly converted property, even though plaintiff did plead exclusive ownership here, explaining: Read More
March 13, 2023 Motion to Amend Granted When Not Palpably Insufficient and Would Not Impact Upcoming Trial Date
On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Baker v. Waller Capital Corp., 2023 N.Y. Misc. LEXIS 709, granting plaintiff’s motion to amend in part to add claims for fraudulent conveyance and conversion against certain defendants. The Court explained: Read More
February 24, 2023 Conversion Claim Withstands Motion to Dismiss Even Though Plaintiffs Plead Alternate Arguments About Transferred Funds
In a Decision and Order, dated January 31, 2023, in Hieber Astoria, LLC v. Taverna, Index No. 650793/2022, Justice Andrew Borrok of the New York County Commercial Division denied Mr. Taverna’s motion to dismiss the conversion claim against him even though plaintiffs took the position that the funds which were taken from their entity and transferred to another entity were either converted or should be treated as their capital contributions in the new entity. The Court explained: Read More
June 8, 2021 Theft of Funds in Lawyer's Trust Account Insufficient Basis for a Claim for Conversion
On June 1, 2021, the First Department issued a decision in SH575 Holdings LLC v. Reliable Abstract C… Read More
November 8, 2020 Conversion Claim Seeking Damages Arising From Contractual Breach Dismissed
On October 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
May 31, 2020 Failure to Make Demand Dooms Conversion Claim
On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
November 14, 2019 Conversion Claim Based on Alleged Right to Receive Shares Dismissed
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 2, 2019 Court Dismisses Conversion Claim Based on Copying Electronic Files
On September 19, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
September 25, 2019 Corporate Officer Liable for Business Tort Only to Extent of Personal Participation in and Knowledge of It
On September 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
June 10, 2019 Trademark Cannot be the Subject of a Conversion Claim
On May 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kim … Read More
November 9, 2018 Corporate Officer May Be Held Liable for Corporation's Conversion
On October 31, 2018, the Second Department issued a decision in Starr Indem. & Liab. Co. v. Glo… Read More
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… Read More
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… Read More
February 4, 2018 No Conversion Claim Based on Loans Made Into General Account
On January 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
December 28, 2017 No Conversion Claim When Plaintiff Was Not Deprived of Use of Property
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 9, 2017 Conversion Claim Cannot be Based on Money Owed By Contract
On November 22, 2017, Justice Masley of the New York County Commercial Division issued a decision in… Read More
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 i… Read More
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 … Read More
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… Read More
March 26, 2017 Ownership Interest in LLC is Intangible Property Not Subject to Conversion
On March 23, 2017, the First Department issued a decision in Saleeby v. Remco Maintenance, LLC, 2017… Read More
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. 0… Read More
September 11, 2014 Air Rights Real Property That Cannot be Converted
On September 3, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More