VIBO CORPORATION v. WHITE


60 A.D.3d 1355 (2009)

875 N.Y.S.2d 398

VIBO CORPORATION, Doing Business as GENERAL TOBACCO, Respondent, v. ERIC R. WHITE, Appellant, et al., Defendant.

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

Decided March 20, 2009.


It is hereby ordered that the order and judgment insofar as appealed from is unanimously reversed on the law without costs, the motion for a trial order of dismissal is granted in part and the complaint against defendant Eric R. White is dismissed.

Memorandum: Plaintiff, a distributor of tobacco products, commenced this conversion action seeking the return of, or payment for, cigarettes delivered to United Seneca Warehouse (USW) pursuant to a consignment sale. The...

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