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SHIMAMOTO v. S & F WAREHOUSES

99 N.Y.2d 165 (2002)

783 N.E.2d 484

753 N.Y.S.2d 419

MIDORI SHIMAMOTO, as Administrator of the Estate of BART SCHWARTZ, Deceased, et al., Appellants, v. S&F WAREHOUSES, INC., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 24, 2002.

Attorney(s) appearing for the Case

William Joseph Apuzzo, New York City, and David D. Chase for appellants.

Stuart Halper and Associates, Briarcliff Manor (Stuart Halper and Steven N. Feinman of counsel), for S&F Warehouses, Inc. and another, respondents.

Simon, Meyrowitz & Meyrowitz, LLP, New York City (Edward S. Feldman of counsel), for Simon, Meyrowitz, Meyrowitz & Schlussel, respondent.

Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur with Judge CIPARICK; Chief Judge KAYE dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

On this appeal we consider whether plaintiff-merchant can maintain an action under UCC 7-210 for damages allegedly caused by defendants' conduct in the sale of commercial goods in order to satisfy a lien for unpaid warehouse charges. We agree with the Appellate Division that there was insufficient evidence of willful conduct to hold defendants liable for conversion damages under UCC 7-210 (9). However, a question exists...

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