SHIMAMOTO v. S&F WAREHOUSES


257 A.D.2d 334 (1999)

693 N.Y.S.2d 110

MIDORI SHIMAMOTO et al., Respondents, v. S&F WAREHOUSES, INC., et al., Appellants, and SIMON MEYROWITZ MEYROWITZ & SCHLUSSEL et al., Respondents, et al., Defendants.

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

June 22, 1999.


Attorney(s) appearing for the Case

William J. Apuzzo for Midori Shimamoto and others, plaintiffs-respondents.

Stuart Halper of counsel (Stuart Halper & Associates, attorneys), for S&F Warehouses and another, appellants.

Jeffrey Hollander for Friedman & Fishof, appellant.

Thomas F. Cohen of counsel (Simon Meyrowitz & Meyrowitz, L. L. P., attorneys), for defendants-respondents.

NARDELLI, J. P., LERNER, ANDRIAS and BUCKLEY, JJ., concur.


OPINION OF THE COURT

WALLACH, J.

This is an action for conversion arising from allegedly illegal enforcement of a warehouseman's lien, asserting breach of article 7 of the Uniform Commercial Code. The appeal presents a novel issue regarding the interpretation of UCC 7-210 that has apparently never produced a reported decision in this State, and rarely elsewhere, for that matter.

In 1980 and 1981, plaintiff's decedent imported a quantity of "ultra...

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