On June 1, 2021, the First Department issued a decision in SH575 Holdings LLC v. Reliable Abstract Co., L.L.C., 2021 NY Slip Op. 03427, holding that the theft of funds from a lawyer’s trust account was an insufficient basis for a conversion claim, explaining: The court properly dismissed the claims for conversion. Where a conversion... Read more »
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Posts Categorized: Conversion
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 in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2020 NY Slip Op. 33403(U), dismissing a conversion claim seeking damages arising from a breach of contract, explaining: As to the eighth claim, for conversion, the tort of conversion... Read more »
Failure to Make Demand Dooms Conversion Claim
On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Reliable Abstract Co., L.L.C., 2020 NY Slip Op. 31293(U), holding that the failure to make a demand for the return of property doomed a conversion claim, explaining: The tort of conversion is established when... Read more »
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 in Alrai Naked Opportunity, LLC v. Naked Brand Group Ltd., 2019 NY Slip Op. 33241(U), dismissing a conversion claim based on the alleged right to receive share, explaining: Plaintiffs claim for conversion fails to state a claim, and is... Read more »
Conversion Claim Cannot be Based on Unpaid Debt
On February 6, 2019, Judge Wilson of the Bergen County Superior Court (Law Division) issued a decision in Booth Movers Ltd. v. Sleepable Sofas Ltd., Docket No. BER L-4341-17, holding that a conversion claim could not be based on an unpaid debt, explaining: Booth Movers’ claim for conversion is rooted in the allegation that the... Read more »
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 Center for Rheumatology, LLP v. Shapiro, 2019 NY Slip Op. 51511(U), dismissing a conversion claim based on the copying of electronic files, explaining: Defendant argues that plaintiffs have not stated a claim for conversion because they have failed to... Read more »
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 Itria Ventures LLC v. Provident Bank, 2019 NY Slip Op. 32695(U), holding that a corporate officer could be held liable for a business tort only to the extent of the officer’s personal participation in, and knowledge of, the... Read more »
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 v. Francis, 2019 NY Slip Op. 31554(U), holding that a trademark cannot be the subject of a claim for conversion, explaining: Kim maintains that defendants “converted the trademark … to their own name by wrongfully and improperly... Read more »
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. Global Warranty Group, LLC, 2018 NY Slip Op. 07346, holding that the plaintiff had sufficiently plead claims to hold corporate officers liable for the corporation’s conversion of the plaintiff’s property, explaining: A corporate officer, although acting for the benefit of... Read more »
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 »
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