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ARTALYAN, INC. v. KITRIDGE REALTY CO., INC.

52 A.D.3d 405 (2008)

860 N.Y.S.2d 100

ARTALYAN, INC., et al., Appellants-Respondents, et al., Plaintiffs, v. KITRIDGE REALTY CO., INC., et al., Respondents, and CITY OF NEW YORK et al., Respondents-Appellants.

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

Decided June 24, 2008.

The motion court properly dismissed plaintiffs' claims for conversion. The record is devoid of evidence that either the Kitridge defendants or MRC II had control and dominion over plaintiffs' property; thus, they cannot be liable for conversion (see Zion Tsabbar, D.D.S., P.C. v Hirsch, 266 A.D.2d 91, 92 [1999]; cf. Glass v Wiener, 104 A.D.2d 967, 968-969 [1984]). Similarly, defendant Extreme...

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