Practice point: The Appellate Division affirmed dismissal on the alternative ground that the allegations in
the complaint were inadequate to state a cause of action to recover
damages for conversion, pursuant to CPLR 3211[a][7]. In pleading conversion, the plaintiff must allege legal ownership or an immediate right of possession to
specifically identifiable funds and that the defendant exercised an
unauthorized dominion over such funds to the exclusion of the
plaintiff's rights.The mere right to payment cannot be the basis for the claim since the essence of a conversion
cause of action is the unauthorized dominion over the thing in
question.
Student note: To make a claim for conversion, tangible personal property or specific money must be involved.
Case: Barker v. Amorini, NY Slip Op 06931 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A premature summary judgment motion.
