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J SQUARED SOFTWARE, LLC v. BERNETTE KNITWARE CORP.

48 A.D.3d 351 (2008)

851 N.Y.S.2d 533

J SQUARED SOFTWARE, LLC, Appellant, v. BERNETTE KNITWARE CORP. et al., Respondents.

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

Decided February 26, 2008.

Plaintiff does not have a cause of action for conversion where it alleges that the program was obtained by defendant licensee pursuant to a valid contract and does not claim that it ever demanded the program's return (see Agawam Trading Corp. v Malbin Co., 37 A.D.2d 946 [1971]). The disclosure that plaintiff seeks cannot possibly cure this deficiency in proof. The preliminary injunction was properly vacated upon dismissal of the...

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