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PROTECTION INDUSTRIES CORPORATION v. DDB NEEDHAM WORLDWIDE, INC.

8 A.D.3d 185 (2004)

779 N.Y.S.2d 463

PROTECTION INDUSTRIES CORPORATION, Appellant, v. DDB NEEDHAM WORLDWIDE, INC., Respondent.

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

June 24, 2004.

In denying plaintiff leave to add a cause of action for conversion, the motion court held that because plaintiff's equipment was originally on defendant's premises lawfully, plaintiff was required to demand the return of the equipment before a conversion could occur. However, since plaintiff's claim is that an inspection of defendant's premises revealed that much of the equipment in issue had been destroyed or was missing, the alleged...

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