La Rocca Builders, Inc. v. Sanders

In an action to recover the amount due on a number of promissory notes the court at the end of the whole case dismissed the counterclaim and directed judgment for the plaintiff. The question upon this appeal arises out of the affirmative defense and counterclaim which allege a conversion of defendants’ property by the plaintiff. There is no question of fact involved. The evidence is wholly uncontradicted and in many instances established by documentary proof.

The plaintiff was a tenant of a store and basement in the premises Nos. 571-581 Eighth avenue, borough of Manhattan. The plaintiff…