Legal Opinion
Herman v. Depinies
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2000PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York *147County (Edward Lehner, J.), entered January 20, 2000, which, in an action arising out of defendant’s alleged theft of plaintiffs mail, granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.
The action is barred by the three-year limitations period applicable to causes of action for conversion (CPLR 214 [3]; see, Powers Mercantile Corp. v Feinberg, 109 AD2d 117, 121, affd for reasons stated 67 NY2d 981), which began to run at the time of the alleged theft even if plaintiff was then unaware of it (see, Guggenheim…
2Cases cited4 opinions
- Guggenheim Foundation v. LubellNew York Court of Appeals · 1991
- Powers Mercantile Corp. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1985
- Powers Mercantile Corp. v. FeinbergNew York Court of Appeals · 1986
- In re the Estate of SpewackAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- United Teamster Fund v. MagnaCare Administrative Services, LLCDistrict Court, S.D. New York · 2014
- Mantis Transportation v. KennerDistrict Court, E.D. New York · 2014
- B & L Wholesale Supply, Inc. v. Sonitrol Security SystemsAppellate Division of the Supreme Court of the State of New York · 2007
- Andrews v. Sony/ATV Music Publishing LLCDistrict Court, S.D. New York · 2021
- Pirri v. CheekDistrict Court, S.D. New York · 2019