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
On March 22, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 30875(U), holding that accessing and destroying data gives rise to a claim for conversion, not trespass to chattel . . . Continue reading Accessing and Destroying Data Gives Rise to Claim for Conversion, Not Trespass to Chattel
On August 10, 2022, Justice Chan of the New York County Commercial Division issued a decision in Grocery Delivery E-Servs., Inc. v. Flynn, 2022 NY Slip Op. 32700(U), granting summary judgment on a conversion claim based on the defendant’s failure to pass on a settlement payment it had received . . . Continue reading Court Grants Summary Judgment of Conversion Based on Defendant’s Failure to Pass On Settlement Payment
On July 15, 2022, Justice Masley of the New York County Commercial Division issued a decision in Lotte Hotel N.Y. Palace, LLC v. Anthony J. Diguiseppe, P.C., 2022 NY Slip Op. 32328(U), holding a corporate office liable for a company’s conversion of funds . . . Continue reading Corporate Officer Liable for Corporation’s Conversion of Funds
On May 23, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in F&R Goldfish Corp. v. Furleiter, 2022 NY Slip Op. 31779(U), holding that the failure to pay rent could not be the basis for a conversion claim . . . Continue reading Conversion Claim Cannot be Based on Failure to Pay Rent
On April 22, 2022, Justice Masley of the New York County Commercial Division issued a decision in Crestview SPV, LLC v. Crestview Fin., LLC., 2022 NY Slip Op. 31354(U), holding that a conversion claim cannot be based on a breach of contract . . . Continue reading Conversion Claim Cannot be Based on a Breach of Contract
On March 9, 2022, the Second Department issued a decision in Star Auto Sales of Queens, LLC v. Filardo, 2022 NY Slip Op. 01476, holding that a conversion claim based on fraud is subject to the statute of limitations for fraud . . . Continue reading Fraud-Based Conversion Claim Subject to Limitations Period for Fraud
