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, explaining:
To establish a cause of action to recover damages for trespass to chattels, the plaintiff is required to establish that the defendants intentionally, and without justification or consent, physically interfered with the use and enjoyment of personal property in plaintiff’s possession. Liability for trespass to chattels will be imposed only if the interference results in harm to the physical condition, quality or value of the chattel or if the owner is deprived of use of the chattel for a substantial time. Interference with information stored on a computer may give rise to trespass to chattels if the plaintiff is dispossessed of the information or the information is impaired as to its condition, quality, or value.
Here, the complaint alleged, among other things, that the defendants accessed the plaintiff’s Clover account by using the plaintiff’s log-in credentials and forwarded booking service requests received by the plaintiff to Live by the Sword. The complaint further alleged that the defendants did so intentionally and without consent. Accepting all facts as alleged in the complaint to be true and according the plaintiff the benefit of every possible favorable inference, the allegations in the complaint sufficiently stated a cause of action alleging trespass to chattels. Accordingly, the Supreme Court erred in granting that branch of the defendants’ motion which was to dismiss the second cause of action, alleging trespass to chattels.
(Internal quotations and citations omitted).