Darrow Associates Corp. v. Schneider

49 A.D.2d 723, 1975 N.Y. App. Div. LEXIS 10659

Opinion

Judgment, Supreme Court, New York County, entered January 8, 1975, after trial to the court without a jury, unanimously affirmed, with $60 costs and disbursements to respondent. Though the suit was brought against others as well, under several causes for failure properly to renovate a building, only one cause was sustained, and properly so, against the individual defendant-appellant. That cause was for conversion of moneys paid over to a corporation of which defendant-appellant was an officer, and admittedly used by him to make payments in connection with another job being done by another corporation. Though the cause pleaded a violation of the Lien Law, that plea was surplusage because defendant admitted operative facts spelling out the additionally pleaded common-law tort of conversion. There was no showing of any novation, as claimed by defendant, permitting such use of the funds. Concur—Markewich, J. P., Kupferman, Tilzer, Capozzoli and Nunez, JJ.