On December 24, 2024, the First Department issued a decision in Paley v. Curious Holdings, LLC, 2024 NY Slip Op. 06544, holding that “as a mere member of [an] LLC, [a plaintiff] has no ownership right in its property” and so cannot assert a claim for conversion of the LLC’s property. Continue reading LLC Member Cannot Assert Claim for Conversion of LLC’s Property
On October 17, 2024, the First Department issued a decision in United Hay, LLC v. Harounian, 2024 NY Slip Op. 05151, holding that a defendant was liable for conversion of funds in a bank account even though he was an authorized signatory on the account . . . Continue reading Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User
On August 1, 2024, the Third Department issued a decision in Powerflex Solar, LLC v. Solar PV Pros, LLC, 2024 NY Slip Op. 04102, dismissing a conversion claim based on the failure to turn over money . . . Continue reading Conversion Claim Based on Failure to Turn Over Money Owed Dismissed
On April 16, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Atlas Tech. Group LLC v. Soluna MC LLC, 2024 NY Slip Op. 31448(U), holding that a conversion claim cannot be based on a payment owed under a contract . . . Continue reading Conversion Claim Cannot be Based on Payment Owed Under Contract
On April 5, 2024, Justice Reed of the New York County Commercial Division issued a decision in dMY Sponsor, LLC v. Glatt, 2024 NY Slip Op. 50364(U), upholding a claim for conversion of stock even where there was no physical stock certificate . . . Continue reading Court Upholds Claim for Conversion of Stock, Even if There was no Stock Certificate
On March 27, 2024, Justice Livote of the Queens County Commercial Division issued a decision in Pagoulatos v. Trahanas, 2024 NY Slip Op 50352(U), holding that a conversion claim cannot be based on the misappropriation of a license . . . Continue reading Court Holds That a Conversion Claim Cannot be Based on Misappropriation of a License
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Brighton Bldr. LLC. v. Bedford Landscape Contrs., LLC, 2024 NY Slip Op. 30475(U), holding that a conversion claim cannot be based on a contractual debt . . . Continue reading Conversion Claim Cannot be Based on Mere Debt Owed
On January 23, 2024, Justice Livote of the Queens County Commercial Division issued a decision in Bastidas v. Garcia, 2024 NY Slip Op. 50073(U), holding that a conversion claim can be based on the use of a trademark . . . Continue reading Conversion Claim Can be Based on Use of Trademark
On September 11, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Intrepid Invs., LLC v. Selling Source, LLC, 2023 NY Slip Op. 33148(U), holding that a conversion claim failed because of its overlap with a breach of contract claim . . . Continue reading Conversion Claim Fails Because of its Overlap With Breach of Contract Claim
On June 8, 2023, the First Department issued a decision in Crestview SPV, LLC v. Crestview Fin., LLC, 2023 NY Slip Op. 03070, holding that a conversion claim should be dismissed as duplicative of a breach of contract claim . . . Continue reading Conversion Claim Dismissed as Duplicative of Contract Claim
