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  5. 58 A.D.2d 588 (1977)
 

AVIS RENT A CAR SYS., INC. v. FUN TYME PACKAGES, INC.

58 A.D.2d 588 (1977)

Avis Rent a Car System, Inc., Appellant, v. Fun Tyme Packages, Inc., Defendant, and Scott Grody, Respondent. Martin F. Brecker, as Assignee, Intervenor-Respondent

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

June 13, 1977

Judgment affirmed, with one bill of costs payable to respondent Brecker by plaintiff.

On the record presented, we do not find any funds which would be the subject of an action for conversion. There was no contractual requirement for Fun Tyme to segregate plaintiff's funds. There also was no fiduciary relationship between plaintiff and Fun Tyme which would give rise to such...

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