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KATZ v. ROSEN

59 A.D.2d 524 (1977)

Lillian Katz, as Executrix of Tillie Gold, Deceased, Appellant, v. Albert Rosen et al., Respondents-Appellants. (Action No. 1.) Lillian Katz, as Executrix of Tillie Gold, Deceased, Appellant, v. Albert Rosen et al., Respondents-Appellants, et al., Defendants. (Action No. 2.) Consolidated Mutual Insurance Company, Third-Party Plaintiff-Appellant, v. Republic National Bank of N. Y. et al., Third-Party Defendants-Respondents-Appellants. (Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 1, 1977

Judgment affirmed, without costs or disbursements.

The trial court properly determined that there was no conversion. Based upon plaintiff's conduct, she should be estopped from asserting that she had not agreed to allow defendant Rosen to use the insurance proceeds for repairs. At oral argument, plaintiff withdrew her claims (1) that the Trial Judge erred in denying interest on the past due mortgage payments (Point IV) and (2) that the Trial Judge did not have the...

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