Elias v. Ferri

In an action, inter alia, to recover damages for conversion, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Baisley, J.), dated April 5, 2006, which, after a jury trial, and upon the granting of the defendants’ motion pursuant to CPLR 4401, made at the close of evidence, to dismiss the complaint for failure to establish a prima facie case, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiffs and giving them the benefit of every…