From Casetext: Smarter Legal Research

General Trading Co. v. M R Associates

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 2003
307 A.D.2d 251 (N.Y. App. Div. 2003)

Opinion

2003-00694

Submitted May 30, 2003.

July 7, 2003.

In an action to recover damages for conversion, the defendants appeal from an order of the Supreme Court, Nassau County (Martin, J.), entered December 18, 2002, which granted the plaintiff's motion for an extension of time in which to file a note of issue and denied their cross motion for summary judgment dismissing the complaint.

Finkel Goldstein Berzow Rosenbloom Nash, LLP, New York, N.Y. (Charles Fischer of counsel), for appellants.

Robert Fierman, New York, N.Y., for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., ROBERT W. SCHMIDT, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant M R Associates, and its principal partner, the defendant Murray Grafstein, owned certain real property which was leased to a nonparty supermarket. The defendants evicted the supermarket for nonpayment of rent. The defendants were aware that the plaintiff General Trading Co., Inc. (hereinafter General Trading), a wholesale grocery supplier, held a security interest in the supermarket's merchandise, fixtures, and equipment (hereinafter the collateral) remaining on the premises. Over a period of several months, the parties communicated by letter and telephone regarding the removal of the collateral. A walk-through inspection was performed, but the collateral was never removed. Approximately five months after the eviction of the supermarket, General Trading learned that the defendants had disposed of the merchandise, and that they may have been offering the equipment for sale. General Trading then brought this action seeking damages for conversion of the collateral.

The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. In response to the defendants' prima facie showing of entitlement to judgment as a matter of law ( see Zuckerman v. City of New York, 49 N.Y.2d 557), General Trading raised a triable issue of fact as to whether, upon demand, the defendants refused to allow it access to the collateral ( see Matter of White v. City of Mount Vernon, 221 A.D.2d 345; Mauro v. Andrews, 200 A.D.2d 392; Independence Discount Corp. v. Bressner, 47 A.D.2d 756, 757).

The defendants' remaining contentions are without merit.

FEUERSTEIN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.


Summaries of

General Trading Co. v. M R Associates

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 2003
307 A.D.2d 251 (N.Y. App. Div. 2003)
Case details for

General Trading Co. v. M R Associates

Case Details

Full title:GENERAL TRADING CO., INC., respondent, v. M R ASSOCIATES, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 7, 2003

Citations

307 A.D.2d 251 (N.Y. App. Div. 2003)
762 N.Y.S.2d 274

Citing Cases

Nugent v. Hubbard

The Supreme Court erred in granting that branch of the motion of the defendants Daniel O'Donnell and Jodi…

Nat'l Ctr. for Crisis Mgmt., Inc. v. Lerner

Additionally, the Supreme Court properly declined to consider a DVD recording submitted by the defendant in…