BATSIDIS v. BATSIDIS


9 A.D.3d 342 (2004)

778 N.Y.S.2d 913

GEORGIA BATSIDIS, Also Known as GERI BATES, et al., Appellants, v. ARTHUR BATSIDIS, Respondent.

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

July 6, 2004.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action, inter alia, seeking the return of certain property that the defendant possessed which allegedly did not belong to him. The gravamen of the complaint sounded in replevin and conversion. The Supreme Court properly granted the defendant's cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).

"The rule is clear that, to establish a cause of action in conversion...

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