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LOWE'S HOME CENTERS, INC. v. BEACHY'S EQUIPMENT COMPANY, INC.

49 A.D.3d 1213 (2008)

854 N.Y.S.2d 616

LOWE'S HOME CENTERS, INC., Plaintiff, v. BEACHY'S EQUIPMENT COMPANY, INC., Defendant and Third-Party Plaintiff-Respondent. ANTHONY JAMES BECHY, Third-Party Defendant-Appellant.

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

Decided March 14, 2008.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action for conversion in September 2005 alleging that defendant and third-party plaintiff (defendant) was in possession of 16 pieces of plaintiff's equipment that were delivered to it for repair in 2003 and were never returned to plaintiff. In 2003 defendant was owned by third-party...

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