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Priester v. R. F. H. Realty Corp.

13 Misc. 2d 446, 180 N.Y.S.2d 617, 1958 N.Y. Misc. LEXIS 3106
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 17, 1958
StatusPublished
Cited by5 cases

This text of 13 Misc. 2d 446 (Priester v. R. F. H. Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Priester v. R. F. H. Realty Corp., 13 Misc. 2d 446, 180 N.Y.S.2d 617, 1958 N.Y. Misc. LEXIS 3106 (N.Y. Ct. App. 1958).

Opinion

Per Curiam.

Defendants, having terminated plaintiff’s employment, had the right to evict him. Notice given by certified mail was received by the plaintiff. The eviction did not constitute a conversion of plaintiff’s goods; neither did the subsequent storage of them in the basement. (Bowers, Law of Conversion, § 3, p. 3.) The loss or damage, if any, caused by flood was accidental and did not constitute conversion. (Salt Springs Nat. Bank v. Wheeler, 48 N. Y. 492, 495; Magnin v. Dimsmore, 70 N. Y. 410, 417.)

The judgment should be unanimously reversed upon the law, without costs, and complaint dismissed, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Cite This Page — Counsel Stack

Bluebook (online)
13 Misc. 2d 446, 180 N.Y.S.2d 617, 1958 N.Y. Misc. LEXIS 3106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/priester-v-r-f-h-realty-corp-nyappterm-1958.