What Are The Elements Of Conversion New York?

In New York, the elements of conversion are “(1) intent, (2) interference ‘to the exclusion of the owner’s rights,’ and (3) possession, or the right to possession in plaintiff.”   2 Leon C. Lazer, et al., New York Pattern Jury Instructions – Civil § 3.1 (2d ed. 2006) (quotingEmployers’ Fire Ins. Co. v. Cotten, 245 N.Y. 102, 156 N.E. 629 (N.Y. 1927)); see Meese v. Miller, 79 A.D.2d 237, 436 N.Y.S.2d 496, 500 (4th Dep’t 1981).

Further, in New York, a negotiable instrument (such as certain drafts, bills of exchange, checks, certificates of deposit, and notes) is converted when (i) “a drawee to whom it is delivered for acceptance refuses to return it on demand,” (ii) “any person to whom it is delivered for payment refuses on demand either to pay or to return it,” or (iii) “it is paid on a forged indorsement.”  N.Y. U.C.C. § 3-419(1), 3-419(1)(a) – 3-419(1)(c); see N.Y. U.C.C. § 3-102(1)(e); id. § 3-104 (defining “negotiable instrument”).

If your company wants to bring, or needs a lawyer to defend it in, business litigation and you are located in the New York City area, call Attorney David S. Rich at (347) 941-0760.