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INTERSTATE OPERATING CO., INC. v. O. P. G. RECREATION CTR., INC.

279 A.D. 753 (1951)

Interstate Operating Co., Inc., Respondent, v. O. P. G. Recreation Center, Inc., Appellant and Third-Party Plaintiff. Joseph Goldae, Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 10, 1951.

Order affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days after service of the order to be entered hereon.

In our opinion, the first cause of action alleged facts sufficient to state a cause of action for conversion. (Mallory Associates v. Barving Realty Co., 300 N.Y. 297.) Such being the case, the motion to dismiss, directed to the entire complaint, was properly denied, and it is unnecessary...

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