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CICCONE v. GOTTA HAVE IT! COLLECTIBLES, INC.

9525, 156454/17.

173 A.D.3d 415 (2019)

102 N.Y.S.3d 568

2019 NY Slip Op 04333

Madonna Ciccone, Appellant-Respondent, v. Gotta Have It! Collectibles, Inc., Doing Business as Gotta Have Rock and Roll LLC, et al., Respondents-Appellants, et al., Defendants.

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

Decided June 4, 2019.

Plaintiff seeks to enjoin defendants from auctioning off certain personal property allegedly belonging to her, which defendant Darlene Lutz acquired by virtue of her former friendship with plaintiff and consigned to defendant online auction house and its principals for sale. Plaintiff asserts claims for conversion and replevin against defendants.

The court correctly dismissed the complaint as against Lutz because plaintiff's claims of conversion and replevin against...

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