Herman v. Depinies

Appellate Division of the Supreme Court of New York

Herman v. Depinies

273 A.D.2d 146, 710 N.Y.S.2d 899, 2000 N.Y. App. Div. LEXIS 7146

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

DecidedJune 22, 2000

StatusPublished

Cited by5 cases

This text of 273 A.D.2d 146 (Herman v. Depinies) 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

Herman v. Depinies, 273 A.D.2d 146, 710 N.Y.S.2d 899, 2000 N.Y. App. Div. LEXIS 7146 (N.Y. Ct. App. 2000).

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Opinion

Order, Supreme Court, New York [147]*147County (Edward Lehner, J.), entered January 20, 2000, which, in an action arising out of defendant’s alleged theft of plaintiffs mail, granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

The action is barred by the three-year limitations period applicable to causes of action for conversion (CPLR 214 [3]; see, Powers Mercantile Corp. v Feinberg, 109 AD2d 117, 121, affd for reasons stated 67 NY2d 981), which began to run at the time of the alleged theft even if plaintiff was then unaware of it (see, Guggenheim Found. v Lubell, 77 NY2d 311, 318). Nor can defendant be estopped from asserting the Statute of Limitations absent an allegation that he “made an actual misrepresentation or committed some other affirmative wrongdoing” that induced plaintiff to delay bringing the action in timely manner (Powers Mercantile Corp. v Feinberg, supra, at 122; compare, e.g., Simcuski v Saeli, 44 NY2d 442, 448; Matter of Spewack, 203 AD2d 133). Plaintiff does not make such an allegation. Concur — Williams, J. P., Tom, Lerner, Andrias and Friedman, JJ.

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Order, Supreme Court, New York [147]*147County (Edward Lehner, J.), entered January 20, 2000, which, in an action arising out of defendant’s alleged theft of plaintiffs mail, granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

The action is barred by the three-year limitations period applicable to causes of action for conversion (CPLR 214 [3]; see, Powers Mercantile Corp. v Feinberg, 109 AD2d 117, 121, affd for reasons stated 67 NY2d 981), which began to run at the time of the alleged theft even if plaintiff was then unaware of it (see, Guggenheim Found. v Lubell, 77 NY2d 311, 318). Nor can defendant be estopped from asserting the Statute of Limitations absent an allegation that he “made an actual misrepresentation or committed some other affirmative wrongdoing” that induced plaintiff to delay bringing the action in timely manner (Powers Mercantile Corp. v Feinberg, supra, at 122; compare, e.g., Simcuski v Saeli, 44 NY2d 442, 448; Matter of Spewack, 203 AD2d 133). Plaintiff does not make such an allegation. Concur — Williams, J. P., Tom, Lerner, Andrias and Friedman, JJ.

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Bluebook (online)

273 A.D.2d 146, 710 N.Y.S.2d 899, 2000 N.Y. App. Div. LEXIS 7146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herman-v-depinies-nyappdiv-2000.

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