Cusack v. American Defense Systems, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*587To establish a cause of action to recover damages for conversion, a 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 dominion over the thing in question to the exclusion of the plaintiffs rights (see Messiah’s Covenant Community Church v Weinbaum, 74 AD3d 916, 919 [2010]). Here, the plaintiff satisfied his prima facie burden of establishing his entitlement to judgment as a matter of law on his fourth cause of action alleging the conversion of 900,000 shares of stock by…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Dalessio v. KresslerAppellate Division of the Supreme Court of the State of New York · 2004
- Mix v. NeffAppellate Division of the Supreme Court of the State of New York · 1984
- County of Orange v. GrierAppellate Division of the Supreme Court of the State of New York · 2006
- Messiah's Covenant Community Church v. WeinbaumAppellate Division of the Supreme Court of the State of New York · 2010
1 more not listed; retrieve them via the Exa API.
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- International Exterior Fabricators, LLC v. Decoplast, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
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