Art Masters Associates, Ltd. v. United Parcel Service

In refusing to apply the holding in I.C.C. Metals v Municipal Warehouse Co. (50 NY2d 657) to the present case involving a common carrier, the majority has, *210without explanation, revived a line of cases that was expressly discarded as "essentially irreconcilable” in I.C.C. Metals (id., at 667) and, further, has ignored the sound policy considerations rooted in "practical necessity” on which the I.C.C. Metals decision was based. In the process, the majority has created a dual standard of proof for conversion actions against bailees — one for actions in which the bailee is a warehouse operator…