Practice point: There is conversion when a person intentionally, and without authority, assumes or exercises control over personal property belonging to someone else, interfering with that other person's right of possession.
Students should note that, to sustain a claim for fraud, a plaintiff must plead material misrepresentation of a fact; knowledge of its falsity; an intent to induce reliance; justifiable reliance by the plaintiff; and damages.
The case is Demry v. Wind, NY Slip Op 02535 (1st Dept. 2011
Tomorrow's issue is improper disposition of cremains.
