Lake v. R. Homes Corp.

Appellate Division of the Supreme Court of New York

Lake v. R. Homes Corp.

304 A.D.2d 533, 757 N.Y.S.2d 467

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

DecidedApril 7, 2003

StatusPublished

This text of 304 A.D.2d 533 (Lake v. R. Homes Corp.) 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

Lake v. R. Homes Corp., 304 A.D.2d 533, 757 N.Y.S.2d 467 (N.Y. Ct. App. 2003).

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Opinion

In an action to recover damages for negligence and conversion, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated March 12, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint and denied his cross motion for summary judgment on the first cause of action to recover damages for conversion.

Ordered that the order is affirmed, with costs.

The defendants cannot be charged with conversion of a mobile home allegedly owned by the plaintiff since they were lawfully in possession of it pursuant to a proper warrant of eviction, and the plaintiff made no demand for its surrender (see Tompkins v Fonda Glove Lining Co., 188 NY 261 [1907]).

The plaintiffs remaining contentions are without merit. Florio, J.P., S. Miller, Crane and Rivera, JJ., concur.

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In an action to recover damages for negligence and conversion, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated March 12, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint and denied his cross motion for summary judgment on the first cause of action to recover damages for conversion.

Ordered that the order is affirmed, with costs.

The defendants cannot be charged with conversion of a mobile home allegedly owned by the plaintiff since they were lawfully in possession of it pursuant to a proper warrant of eviction, and the plaintiff made no demand for its surrender (see Tompkins v Fonda Glove Lining Co., 188 NY 261 [1907]).

The plaintiffs remaining contentions are without merit. Florio, J.P., S. Miller, Crane and Rivera, JJ., concur.

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Bluebook (online)

304 A.D.2d 533, 757 N.Y.S.2d 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-r-homes-corp-nyappdiv-2003.

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