Legal Opinion
Giustino v. DelPizzo
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 2005PublishedCited by 6 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for conversion, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated January 3, 2005, as denied its motion for summary judgment and for a turnover order pursuant to CPLR 5225 (a).
Ordered that the order is affirmed insofar as appealed from, with costs.
“The rule is clear that, to establish a cause of action in conversion, the plaintiff must show legal ownership or an immediate superior right of possession to a specific identifiable thing and must show that the defendant exercised an unauthorized…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Independence Discount Corp. v. BressnerAppellate Division of the Supreme Court of the State of New York · 1975
- Batsidis v. BatsidisAppellate Division of the Supreme Court of the State of New York · 2004
- O'Callaghan v. Stepfamily Foundation, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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