Weisman v. Chadbourne & Parke

Order, Supreme Court, New York County (Carol Arber, J.), entered June 11, 1997, which, to the extent appealed from as limited by appellant’s brief, denied defendant’s cross-motion for summary judgment dismissing plaintiff's cause of action sounding in conversion, unanimously affirmed, with costs.

Although plaintiff may not hold defendant liable as a primary tortfeasor for conversion of the subject cooperative corporation shares since defendant never possessed the shares themselves but rather the proceeds from their sale and moreover possessed such proceeds pursuant to escrow provisions…