Opinion
June 23, 1986
Appeal from the Supreme Court, Queens County (Christ, J.).
Judgment affirmed insofar as appealed from, with costs.
No conversion occurred in this case. The defendant Belsky, the holder of record of a mortgage assigned to it by Mehlman in order to secure two loans, received the proceeds from the mortgage when it came due. Belsky retained the sum necessary to pay off its loans with Mehlman, and placed the remainder, $48,151.62, in escrow, as it had been advised that there were other possible claims on that sum. Where one is rightfully in possession of property, one's continued custody of the property and refusal to deliver it on demand of the owner until the owner proves his right to it does not constitute a conversion (Bradley v. Roe, 282 N.Y. 525, 531).
We have considered the other contentions of Mehlman and find them to be without merit. Gibbons, J.P., Brown, Weinstein and Kooper, JJ., concur.