Conversion Claim Can be Based on Broker’s Unreasonable Actions in Transferring Plaintiff’s Property Without Her Consent
Commercial Case Notes / Conversion/Trespass to Chattel

Conversion Claim Can be Based on Broker’s Unreasonable Actions in Transferring Plaintiff’s Property Without Her Consent

On April 20, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Mojela v. Interactive Brokers LLC, 2026 NY Slip Op. 31754(U), upholding a conversion claim based on a broker’s unreasonable actions in transferring the plaintiff’s property without her consent . . . Continue reading Conversion Claim Can be Based on Broker’s Unreasonable Actions in Transferring Plaintiff’s Property Without Her Consent

Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems
Commercial Case Notes / Conversion/Trespass to Chattel

Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems

On January 21, 2026, the Second Department issued a decision in Hello Beautiful Salons, Inc. v. Dimoplon, 2026 NY Slip Op. 00242, holding that a plaintiff stated a claim for trespass to chattel based on unauthorized access to, and interference with, the plaintiff’s computer . . . Continue reading Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems

Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative
Commercial Case Notes / Conversion/Trespass to Chattel

Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative

On July 1, 2025, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2025 NY Slip Op. 32421(U), dismissing a conversion claim because, among other reasons, it sought the same damages as a breach of contract claim . . . Continue reading Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership
Commercial Case Notes / Conversion/Trespass to Chattel / Declaratory Judgment / Statute of Limitation/Laches

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership


On June 2, 2025, Justice Masley of the New York County Commercial Division issued a decision in Gammon Collection Inc. v. Athena Art Fin. Corp., 2025 NY Slip Op. 31945(U), holding that a claim for conversion did not accrue until the defendant was on notice of the plaintiff’s claim of ownership, notwithstanding the defendant’s failure to conduct due diligence regarding ownership . . . Continue reading Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership

Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User
Commercial Case Notes / Conversion/Trespass to Chattel

Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User

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