Errico v. County of Westchester

John H. Galloway, Jr., J.

This is an action in conversion to recover the sum of $1,455.86 alleged to have been unlawfully converted by defendants from plaintiff’s assignor, one Earl Barrett. Plaintiff’s prior motion herein for summary judgment *1091against these defendants was denied because we found a triable issue of fact with respect to plaintiff’s assignor’s ownership and right to possession of the money here in suit (cf. our decision dated June 1, 1962, filed June 11, 1962, N. Y. L. J., June 20, 1962, p. 18, col. 1). The case has now been tried before this court without a jury.

The following…