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THYROFF v. NATIONWIDE MUT INS

8 N.Y.3d 283 (2007)

864 N.E.2d 1272

832 N.Y.S.2d 873

LOUIS E. THYROFF, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 2007.

Attorney(s) appearing for the Case

William P. Tedards, Jr., of the District of Columbia bar, admitted pro hac vice, and Finucane and Hartzell, LLP, Pittsford (Leo G. Finucane of counsel), for appellant.

Bingham McCutchen LLP, Hartford, Connecticut (Ben M. Krowicki of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

The United States Court of Appeals for the Second Circuit has certified a question to us that asks whether the common-law cause of action of conversion applies to certain electronic computer records and data. Based on the facts of this case, we hold that plaintiff may maintain a conversion claim.

I

Plaintiff Louis Thyroff was an insurance agent for defendant Nationwide Mutual Insurance Company. In 1988,...

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