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M.D. CARLISLE REALTY CORP. v. OWNERS & TENANTS ELECTRIC CO. INC.

47 A.D.3d 408 (2008)

850 N.Y.S.2d 24

M.D. CARLISLE REALTY CORP., Respondent, v. OWNERS & TENANTS ELECTRIC CO. INC., Defendant, and EDWARD HENDEL, Appellant. (And a Third-Party Action.)

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

Decided January 3, 2008.

Plaintiff property manager's cause of action for conversion, which was based on its service agreement with the now-bankrupt corporate defendant to collect utility payments from the commercial tenants and to pay such collected funds over to plaintiff, less fees and costs, should have been dismissed as duplicative of plaintiff's contract claim (see Richbell Info. Servs. v Jupiter Partners, 309 A.D.2d 288, 306 [2003]). The parties'...

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