Opinion
Argued September 5, 2000
October 10, 2000.
In an action, inter alia, to recover damages for conversion, the plaintiffs appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated March 9, 1999, which (1) denied their motion for summary judgment on the first, second, and fourth causes of action insofar as asserted against the defendants Richard Levin and Leonard Levin, and (2) granted the cross motion of the defendants Richard Levin, individually and as executor of the estate of Benjamin Levin, and Suzanne Rice and Steven Levin, as the personal representatives of the estate of Leonard Levin, for summary judgment dismissing the complaint insofar as asserted against those defendants.
Ackerman, Levine, Cullen Brickman, LLP, Great Neck, N.Y. (John M. Brickman and Howard B. Sachs of counsel), for appellants.
Wolf Haldenstein Adler Freeman Herz, LLP, New York, N Y (Michael E. Fleiss of counsel), for respondents.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the respondents' cross motion for summary judgment dismissing the complaint. It is well settled that an inter vivos gift requires donative intent, delivery, and acceptance, which were not present in the instant case (see, Gruen v. Gruen, 68 N.Y.2d 48, 53; Chiaro v. Chiaro, 213 A.D.2d 369, 370).