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HOFFMAN v. BABAD

150176/16. Appeal No. 12072. Case No. 2019-4747.

187 A.D.3d 542 (2020)

130 N.Y.S.3d 670

2020 NY Slip Op 05813

Evan Kirk Hoffman, Individually and as Trustee of the Marvin Hoffman Family Trust, et al., Respondents, v. Chaim Babad, Appellant.

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

Decided October 15, 2020.

There is no dispute that plaintiffs owned the deck at the back of their coop unit and that defendant took dominion over it and destroyed it, in derogation of plaintiffs' rights. Therefore, the record supports the trial court's finding that defendant is liable for conversion (see Colavito v New York Organ Donor Network, Inc., 8 N.Y.3d 43, 49-50 [2006]). The unrefuted evidence shows that, without plaintiffs' consent, defendant destroyed...

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