Priester v. R. F. H. Realty Corp.
Appellate Terms of the Supreme Court of New York
1Per curiam
Defendants, having terminated plaintiff’s employment, had the right to evict him. Notice given by certified mail was received by the plaintiff. The eviction did not constitute a conversion of plaintiff’s goods; neither did the subsequent storage of them in the basement. (Bowers, Law of Conversion, § 3, p. 3.) The loss or damage, if any, caused by flood was accidental and did not constitute conversion. (Salt Springs Nat. Bank v. Wheeler, 48 N. Y. 492, 495; Magnin v. Dimsmore, 70 N. Y. 410, 417.)
The judgment should be unanimously reversed upon the law, without costs, and complaint dismissed,…
2Cases cited2 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Salt Springs National Bank v. . WheelerNew York Court of Appeals · 1872
3Cited by5 opinions
- Wilson v. CRL Management, Inc.Rochester City Court · 2006
- Jo ex rel. Mee Jin-Jo v. JPMC Specialty Mortgage, LLCDistrict Court, W.D. New York · 2015
- 3505 Realty Corp. v. SmithAppellate Terms of the Supreme Court of New York · 1960
- Incorporated Village of Hempstead v. JablonskyNew York Supreme Court · 2001
- Jo v. JPMC Specialty Mortgage, LLCDistrict Court, W.D. New York · 2015