Practice point: A claim of conversion cannot be predicated on a mere breach of contract.
Students should note that a contracting party may be charged with a separate tort liability arising from a breach of a duty distinct from, or in addition to, the breach of contract.
Case: East Ends Labs., Inc. v. Sawaya, NY Slip Op 09885 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
