CASTALDI v. 39 WINFIELD ASSOCIATES


30 A.D.3d 458 (2006)

820 N.Y.S.2d 279

MARC CASTALDI, Plaintiff, and MARC CONTRACTING, INC., Respondent, v. 39 WINFIELD ASSOCIATES, Defendant, and JOHN D. LIUM, Appellant.

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

June 13, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the seventh cause of action in the second amended complaint is dismissed.

The appellant contends that the Supreme Court erred in denying his cross motion, in effect, to dismiss the seventh cause of action in the second amended complaint, which seeks to recover damages for conversion. We agree. To establish a cause of action in conversion "the plaintiff...

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