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 »
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Posts Categorized: Conversion
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 »
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 »
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 in Domingo v. Bidkind, LLC, 2018 NY Slip Op. 30141(U), dismissing a claim for conversion because it did not relate to separate, identifiable funds, explaining: BidKind argues that I should dismiss the fourth cause of action for conversion of... Read more »
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 in MLB Advanced Media, L.P. v. Big League Analysis, LLC, 2017 NY Slip Op. 32617(U), rejecting an attempt to use a cause of action for conversion to recover for the alleged theft of confidential information, explaining: These cases concern... Read more »
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 Caring Professionals, Inc. v. Catholic Health Care System, 2017 NY Slip Op. 32491(U), dismissing a claim for conversion because it sought money owed by contract, explaining: The claim against the Agencies for conversion is dismissed. A conversion takes... Read more »
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 »
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 »
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 »