Opinion
February 8, 2000
NARDELLI, J.P., WALLACH, LERNER, ANDRIAS, BUCKLEY, JJ.
Motion for clarification granted to the extent of deleting the penultimate paragraph (beginning with the word "Accordingly" and ending with the word "them") of the decision and order of this Court entered on June 22, 1999 (Appeal No. 1171) and substituting the following paragraph therefor:
Accordingly, the judgment of Supreme Court, New York County (Louise Gruner Gans, J.), entered March 27, 1998, which, after jury trial and a directed verdict, awarded plaintiffs $394,549.74 in net damages for conversion, should be reversed, on the law, without costs, the verdict directed against the warehouse and trucking defendants should be vacated, the cause of action for conversion should be dismissed, the verdict directed in favor of the law firm should be vacated and that party reinstated as a defendant, the complaint should be dismissed in its entirety as against the individual officers of the warehouse and trucking defendants, and the case remanded for a new trial on all remaining issues, without prejudice to assertion of a cross claim for indemnification by the corporate defendants against the law firm. The Clerk is directed to enter judgment in favor of the individual defendants-appellants Eugene Friedman and Avi Fishof dismissing the complaint as against them.