On February 4, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in Levai v. Marlborough Gallery Inc., 2022 NY Slip Op. 30440(U), holding that a conversion claim can be based on control of a social media account, explaining:
The motion to dismiss Count 6 for conversion is denied. Plaintiff has sufficiently alleged that he has a possessory interest in an Instagram account, which is concededly intangible property. Plaintiff has sufficiently alleged that defendants have taken dominion over the Instagram account that has value to plaintiff in derogation of plaintiff’s rights. Plaintiff has therefor sufficiently alleged that this particular Instagram account—as opposed to all Instagram accounts—is the type of intangible property that can be subject to a conversion claim.
(Internal citations omitted).