SWIFT FUNDING, LLC v. ISACC

2156, 155770/12.

144 A.D.3d 471 (2016)

2016 NY Slip Op 07406

40 N.Y.S.3d 268

SWIFT FUNDING, LLC, Respondent, v. YOUSEF ISACC, Also Known as YOUSEF ISAAC, et al., Defendants, and PETER SIM, Also Known as SANG J. SIM, ESQUIRE, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided November 10, 2016.


The record presents triable issues of fact regarding whether Sim had notice of the existence of assignments of a portion of litigation proceeds by a client of defendant law firm, Sim & Park, LLP, in which Sim was a partner, to plaintiff. One who interferes with another's possessory rights in property by disposing of it, as plaintiff alleges here, may be liable for conversion, and thus, Sim is not entitled to summary judgment dismissing the conversion claim as against...

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