Practice point: A cause of action sounding in conversion requires a showing of ownership or a superior right of possession, and of defendant's exercise of dominion, to the exclusion of plaintiff's rights.
Students should note that to recover on an alleged personal guarantee, pursuant to General Obligations Law § 5-701(a)(2), there must be a subscribed writing promising to answer for the debt or default.
Case: Schwartz v. Sayah, NY Slip Op 03103 (2d Dept. 2010)
Here is the opinion.
Monday's issue: School Law.
