Priester v. R.F.H. Realty Corp.

Full title: SIMMIE PRIESTER, Respondent, v. R.F.H. REALTY CORP. et al., Appellants

Court: Supreme Court, Appellate Term, Second Department

Date published: Jun 17, 1958

13 Misc. 2d 446 (N.Y. App. Term 1958)

180 N.Y.S.2d 617

Opinion

June 17, 1958

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, MURRAY H. PEARLMAN, J.

Edward A. Segal for appellants.

Michael Lifschutz for respondents.

Per Curiam.

Defendants, having terminated plaintiff's employment, had the right to evict him. Notice given by certified mail was received by the plaintiff. The eviction did not constitute a conversion of plaintiff's goods; neither did the subsequent storage of them in the basement. (Bowers, Law of Conversion, § 3, p. 3.) The loss or damage, if any, caused by flood was accidental and did not constitute conversion. ( Salt Springs Nat. Bank v. Wheeler, 48 N.Y. 492, 495; Magnin v. Dinsmore, 70 N.Y. 410, 417.)

The judgment should be unanimously reversed upon the law, without costs, and complaint dismissed, with appropriate costs in the court below.

Concur — PETTE, HART and BROWN, JJ.

Judgment reversed, etc.