Legal Opinion
Shimamoto v. S&F Warehouses, Inc.
New York Court of Appeals
Decided October 24, 2002PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
On this appeal we consider whether plaintiff-merchant can maintain an action under UCC 7-210 for damages allegedly caused by defendants’ conduct in the sale of commercial goods in order to satisfy a lien for unpaid warehouse charges. We agree with the Appellate Division that there was insufficient evidence of willful conduct to hold defendants liable for conversion damages under UCC 7-210 (9). However, a question exists as to whether defendants may be held liable for a nonwillful violation of the statute and the matter must be remitted for a new trial on the…
2Cases cited5 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- Svendsen v. Smith's Moving & Trucking Co.New York Court of Appeals · 1981
- Shimamoto v. S&F Warehouses, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Grant v. Superior Moving & Storage, Inc. (In Re Grant)United States Bankruptcy Court, E.D. Pennsylvania · 1995
3Cited by7 opinions
- Honique Accessories, Ltd. v. S.J. Stile Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Inline, Inc. v. Apace Moving Systems, Inc.California Court of Appeal · 2005
- Miller's Turnkey Transport, Inc. v. Cybertek, Inc.Indiana Court of Appeals · 2007
- PDK Labs, Inc. v. G.M.G. Trans West Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- PDK Labs, Inc. v. G.M.G. Trans West Corp.Appellate Division of the Supreme Court of the State of New York · 2012
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