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Goldberg v. Torim

Supreme Court of New York, First Department
Oct 10, 2023
220 A.D.3d 465 (N.Y. App. Div. 2023)

Opinion

No. 738 Index No. 151425/18 Case No. 2023-01475

10-10-2023

David Goldberg, Plaintiff-Respondent, v. Shloime Torim, Defendant, Leah Torim, Defendant-Appellant.

Ershowsky Verstandig PLLC, Lawrence (Michael B. Ershowsky of counsel), for appellant. Jonathan E. Neuman, Fresh Meadows, for respondent.


Ershowsky Verstandig PLLC, Lawrence (Michael B. Ershowsky of counsel), for appellant.

Jonathan E. Neuman, Fresh Meadows, for respondent.

Before: Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about January 9, 2023, which denied defendant Leah Torim's motion to dismiss the amended complaint as against her as time-barred, unanimously affirmed, with costs.

Plaintiff's cause of action for conversion as against defendant was not time-barred because the claim against defendant related back to the conversion claim asserted against codefendant, Shloime Torim, in the original complaint. Although we agree that the two defendants were not "united in interest" solely because they are husband and wife, the complaint adequately alleges an agency relationship between the two defendants sufficient to impose vicarious liability on defendant for codefendant's acts, including but not limited to Leah having allegedly forged plaintiff's signature on a deed as Shloime's agent and transferring and selling the property in furtherance of the underlying conversion (see CPLR 203[b], [c]; Higgins v City of New York, 144 A.D.3d 511, 513 [1st Dept 2016]; LeBlanc v Skinner, 103 A.D.3d 202, 210 [2d Dept 2012]).


Summaries of

Goldberg v. Torim

Supreme Court of New York, First Department
Oct 10, 2023
220 A.D.3d 465 (N.Y. App. Div. 2023)
Case details for

Goldberg v. Torim

Case Details

Full title:David Goldberg, Plaintiff-Respondent, v. Shloime Torim, Defendant, Leah…

Court:Supreme Court of New York, First Department

Date published: Oct 10, 2023

Citations

220 A.D.3d 465 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 5097
197 N.Y.S.3d 204