Opinion
2003-704 K C.
Decided July 21, 2005.
Appeal by plaintiff from a judgment of the Civil Court, Kings County (G. Wright, J.), entered November 15, 2001, which dismissed her complaint and awarded defendant $300 in costs.
Judgment unanimously affirmed without costs.
Before: PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
Plaintiff, a bailor of personal property, commenced the instant action for conversion against defendant, a warehouseman. Inasmuch as plaintiff failed to establish that she paid defendant in full for the storage fees, the defendant had a valid warehouseman's lien on plaintiff's property (UCC 7-209) and was entitled to enforce same. Therefore, the lower court properly dismissed plaintiff's complaint. We note that this court cannot consider matters dehors the record ( see Chimarios v. Duhl, 152 AD2d 508).