Legal Opinion

Lewis v. Jim's Boat Yard, Inc.

Suffolk County District Court

Decided April 26, 1972PublishedCited by 4 opinions

1Opinion of the CourtOscar Mxjrov, J.

This is an application for an order striking out the answer of the defendant, Jim’s Boat Yard, Inc., and directing the entry of summary judgment against said defendant in favor of the plaintiff pursuant to CPLR 3212.

This is an action for conversion brought by the executrix of the estate of Stan Lewis; and defendant, as third-party plaintiff, interpleaded one John J. Watts, an auctioneer.

The facts in the case can be telescoped as follows: Very shortly after Mr. Lewis purchased a sailboat from the defendant, he passed away. The boat was fully paid for but no one representing his estate ever…

2Cases cited4 opinions

  1. Toplitz v. . BauerNew York Court of Appeals · 1900
  2. Content v. . BannerNew York Court of Appeals · 1906
  3. Keleher v. O. Edwin Barnes, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  4. Herschenhart v. MehlmanAppellate Terms of the Supreme Court of New York · 1925

3Cited by4 opinions

  1. Ingram v. Machel & Jr. Auto Repair, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Parker v. P & N Recovery of New York, Inc.Civil Court of the City of New York · 1999
  3. Lewis v. Jim's Boat Yard, Inc.Suffolk County District Court · 1973
  4. Martinez v. NovinAppellate Division of the Supreme Court of the State of New York · 2003

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