Opinion

Johnson v. Gumer

94 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · May 25, 1983

Full text

Warren D. Johnson, Sr. v. Max Gumer

Opinions in this case

Majority
Majority

— Order unanimously affirmed, with costs. Memorandum: Special Term properly denied defendant’s motion to dismiss the complaint on the ground that the action is barred by the Statute of Limitations. The complaint alleges that the defendant agreed to hold shares of stock for the plaintiffs’ assignor and that he converted said shares of stock either by refusing to deliver the stock on demand or by disposing of the shares. The Statute of Limitations applicable to conversion actions begins to run from the date the conversion occurs. Where the original possession is lawful, a conversion does not occur until the defendant refuses to return the property after demand or until he sooner disposes of the property (MacDonnell v Buffalo Loan, Trust & Safe Deposit Co., 193 NY 92,101). Here, the demand and refusal occurred less than three years before the institution of the action and there is — 956 — no showing of any previous disposition of the shares. (Appeal from order of Supreme Court, Monroe County, Tillman, J. — dismiss complaint.) Present — Dillon, P. J., Doerr, Boomer and Schnepp, JJ.

Williams Land Clearing, Grading, and Timber Logger v. Apex Funding Source, LLC

E.D. North Carolina · May 16, 2025

Videri, Inc. v. ONAWHIM (OAW) Inc.

S.D. New York · Sep 3, 2024

Herman v. Duncan

S.D. New York · May 16, 2019

Grayson v. Ressler & Ressler

S.D. New York · Sep 19, 2017

Simpson & Simpson, PLLC v. Lippes Mathias Wexler Friedman LLP

Appellate Division of the Supreme Court of New York · Jul 10, 2015

REEVES, PAULA ANN v. GIANNOTTA, GARY J.

Appellate Division of the Supreme Court of New York · Jul 2, 2015

Reeves v. Giannotta

Appellate Division of the Supreme Court of New York · Jul 2, 2015

Polanco v. NCO Portfolio Management, Inc.

S.D. New York · Jun 3, 2014

Niceforo v. UBS Global Asset Management Americas, Inc.

S.D. New York · May 16, 2014

Lenard v. Design Studio

S.D. New York · Aug 24, 2012

Friedman v. Wahrsager

E.D. New York · Jan 30, 2012

Stadt v. Fox News Network LLC

S.D. New York · Jun 22, 2010

Parentheticals

Statute of limitations does not begin to run, where original possession is lawful, “until the defendant refuses to return the property after demand or until he sooner disposes of the property.”
Robinson v. Kamens