Practice point: To establish the cause of action, a plaintiff must show (1) legal ownership or an immediate superior right of possession to a specific identifiable thing, and (2) that the defendant exercised an unauthorized dominion over the thing to the exclusion of the plaintiff's rights.
Student note: Tangible personal property or specific money must be involved.
Case: National Ctr. For Crisis Mgt., Inc. v. Lerner, NY Slip Op 00758 (2d Dept. 2012).
Tomorrow’s issue: Intervention.
