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KORN v. SACCO & FILLAS LLP

Index No. 650538/18. Appeal No. 12711. Case No. 2019-03665.

189 A.D.3d 624 (2020)

134 N.Y.S.3d 713

2020 NY Slip Op 07707

Jonathan Korn, Respondent, v. Sacco & Fillas LLP, Appellant.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Aydiner PC, Mineola ( Si Aydiner of counsel), for appellant.

Solomon & Cramer LLP, New York ( Andrew T. Solomon of counsel), for respondent.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.

Plaintiff prima facie established entitlement to judgment as a matter of law on his claim for conversion, based upon an assignment agreement he entered into with defendant's client, giving him a possessory interest in a portion of any settlement proceeds obtained in a personal injury action. Despite defendant law firm's knowledge of the agreement, it distributed all settlement proceeds and refused to pay plaintiff (see Swift Funding, LLC v Isacc, 144...

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