Posts Categorized: Conversion

Posted: 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 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 »

Posted: 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 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 »

Posted: 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 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 »

Posted: 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. 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 »

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 »