Avis Rent a Car System, Inc. v. Fun Tyme Packages, Inc.

Appellate Division of the Supreme Court of New York

Avis Rent a Car System, Inc. v. Fun Tyme Packages, Inc.

58 A.D.2d 588, 395 N.Y.S.2d 398, 1977 N.Y. App. Div. LEXIS 12628

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 1977

StatusPublished

This text of 58 A.D.2d 588 (Avis Rent a Car System, Inc. v. Fun Tyme Packages, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Avis Rent a Car System, Inc. v. Fun Tyme Packages, Inc., 58 A.D.2d 588, 395 N.Y.S.2d 398, 1977 N.Y. App. Div. LEXIS 12628 (N.Y. Ct. App. 1977).

Pincite

Opinion

t. In anaction, inter alia, to recover dam[589]*589ages for conversion, plaintiff appeals from a judgment of the Supreme Court, Kings County, dated June 11, 1976, which, after a nonjury trial, inter alia, (1) dismissed its cause of action for conversion and (2) vacated an order of attachment obtained against defendant Fun Tyme Packages, Inc. Judgment affirmed, with one bill of costs payable to respondent Brecker by plaintiff. On the record presented, we do not find any funds which would be the subject of an action for conversion. There was no contractual requirement for Fun Tyme to segregate plaintiff’s funds. There also was no fiduciary relationship between plaintiff and Fun Tyme which would give rise to such a requirement. Martuscello, J. P., Margett and O’Connor, JJ., concur.

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t. In anaction, inter alia, to recover dam[589]*589ages for conversion, plaintiff appeals from a judgment of the Supreme Court, Kings County, dated June 11, 1976, which, after a nonjury trial, inter alia, (1) dismissed its cause of action for conversion and (2) vacated an order of attachment obtained against defendant Fun Tyme Packages, Inc. Judgment affirmed, with one bill of costs payable to respondent Brecker by plaintiff. On the record presented, we do not find any funds which would be the subject of an action for conversion. There was no contractual requirement for Fun Tyme to segregate plaintiff’s funds. There also was no fiduciary relationship between plaintiff and Fun Tyme which would give rise to such a requirement. Martuscello, J. P., Margett and O’Connor, JJ., concur.

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Bluebook (online)

58 A.D.2d 588, 395 N.Y.S.2d 398, 1977 N.Y. App. Div. LEXIS 12628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avis-rent-a-car-system-inc-v-fun-tyme-packages-inc-nyappdiv-1977.