HARLEM CAPITAL CENTER, LLC v. ROSEN & GORDON, LLC

56006/13

145 A.D.3d 579 (2016)

2016 NY Slip Op 08589

44 N.Y.S.3d 36

HARLEM CAPITAL CENTER, LLC, Appellant-Respondent, v. ROSEN & GORDON, LLC, et al., Respondents-Appellants.

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

Decided December 22, 2016.


Plaintiff failed to make a prima facie showing of entitlement to judgment on the conversion claim as the bank statement showing that the alleged security deposit was held in equities and fixed income investments does not clearly demonstrate a violation of General Obligations Law § 7-103 (1) or that defendants commingled the deposit with personal funds. While defendants' failure to respond to plaintiff's notice, which alleged commingling and requested the name and address...

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