(Download) "Agawam Trading Corp. Et Al. v. Mayer Malbin Co." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Agawam Trading Corp. Et Al. v. Mayer Malbin Co.
- Author : Supreme Court of New York
- Release Date : January 16, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
[37 A.D.2d 946 Page 946] Order, Supreme Court, New York County, entered on April 5, 1971, insofar as appealed from, is unanimously reversed, on the
law, and the defendants' motion for summary judgment is granted and the complaint dismissed as to defendants-appellants. Appellants
shall recover of respondents $50 costs and disbursements of this appeal. The record reveals that the property allegedly converted
by defendants was legally obtained pursuant to a levy by the Sheriff made to enforce a judgment in favor of defendant Mayer
Malbin Co., Inc., rendered by the Civil Court. The property having been legally obtained by defendant initially, this conversion
action can only be maintained upon a showing that there has been a demand for the property and that there has been a refusal
to return such property. (See Apex Ribbon Co. v. Knitwear Supplies, 22 A.D.2d 766, 767.) The record is barren of any facts
to show a refusal to return the property. As stated in the Apex case (supra, p. 767), "There is only a repetition of the conclusory
allegation set forth in the complaint." In contrast, the affidavit in support of the motion for summary [37 A.D.2d 946 Page
947]