SCHWARTZ v. SAYAH

2008-10523

72 A.D.3d 790 (2010)

899 N.Y.S.2d 316

WALTER SCHWARTZ, Respondent, v. LILY SAYAH, Defendant, and ANDREW W. SAYEGH, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 13, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly denied that branch of the cross motion of the defendant Andrew W. Sayegh which was for summary judgment dismissing the complaint insofar as asserted against him. "[T]o establish a cause of action [sounding] in conversion, the plaintiff must show legal ownership or an immediate superior right of possession to a specific identifiable thing and must show that the defendant...

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