Opinion
September 29, 1998
Appeal from the Supreme Court, New York County (Carol Arbor, J.).
Although plaintiff may not hold defendant liable as a primary tortfeasor for conversion of the subject cooperative corporation shares since defendant never possessed the shares themselves but rather the proceeds from their sale and moreover possessed such proceeds pursuant to escrow provisions contained in a court order, plaintiff nonetheless presents a viable claim that defendant knowingly aided in the conversion of the shares by their original owner ( cf., Lenczycki v. Shearson Lehman Hutton, 238 A.D.2d 248, lv dismissed in part and denied in part 91 N.Y.2d 918). We note in this connection that this Court has already affirmed a finding that there are triable issues as to whether the original owner is liable for conversion of the shares ( see, Weisman, Celler, Spett Modlin v. Fein, 225 A.D.2d 508).
Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.