Blog

General

Why Defamation Lawsuits Are Often A Waste of Time and Money Under NY Law

view all

Library

Case Results

Non-Compete Agreements

$0 Paid by Client in Settlement of Kings County Non-Compete Litigation

Awarded: $0

Defense of Over $550,000 in Breach of Contract Claims Against Mortgage Broker Settled for Under $20,000

Awarded: $17,000

Aiding and Abetting of Fraud Action Against Client Dismissed

Awarded: $0 - All Claims Against Our Client Were Dismissed

Plaintiffs' Federal Claims for Trespass, Negligence Against Client Dismissed

Awarded: Case Against Client Dismissed

$500,000 Judgment Against Developer Reduced by Over 2/3

888.497.3410

What Is "Conversion" Under New York Law?

Let's be clear about something: when lawyers use the term "conversion," they are not talking about changing religions; rather, they are referring to causes of action, or claims, that a property owner can make if someone else assumes control over his property by refusing to return it, by disposing of it, by misusing it or by otherwise dealing with it in a manner inconsistent with the owner's rights.

There are two (2) types of conversion claims: one where the defendant wrongfully took the plaintiff's property, and another where the defendant, although originally entitled to take the plaintiff's property (such as a repair shop), is now wrongfully refusing to return it.

Generally speaking, in order to succeed on a conversion claim, the plaintiff must prove that he has legal ownership of a specific identifiable piece of property, and that the defendant has intentionally interfered with the plaintiff's ownership rights in the property.

Here's an important caveat: conversion is inapplicable to a real property or breach of contract claim.

If a plaintiff prevails on a conversion claim, he will be entitled to recover the replacement value of the property that it was worth at the time it was taken, plus interest on that value from the time of the conversion, compensation for time lost and money spent in pursuit of the property, and, if the conversion is malicious and wilful, emotional distress and physical harm resulting therefrom. Importantly, the profits lost as a result of conversion are generally disallowed, but in some cases they may be recoverable, such as when the loss may reasonably be expected to follow from the conversion.