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Allegation of Interference With Possession of Manufactured Home Stated Cause of Action for Conversion

The Fourth Department determined plaintiff had stated a cause of action for conversion.  Plaintiff alleged he had purchased a manufactured home and defendants prevented him from removing the home from defendant’s park:

“A conversion takes place when someone, intentionally and without authority, assumes or exercises control over personal property belonging to someone else, interfering with that person’s right of possession” … . We conclude that the complaint alleged sufficient facts to state a cause of action for conversion … . The complaint alleged that plaintiff was the owner of the manufactured home and that defendants interfered with plaintiff’s possession of that property by preventing plaintiff from removing the home from defendants’ park. The court dismissed that cause of action on the ground that there was no showing that defendants took ownership of the unit or obtained any benefit from the unit remaining on the property. We conclude, however, that plaintiff’s allegation that defendants interfered with plaintiff’s right to possess the property is sufficient to state a cause of action for conversion …, which, contrary to the court’s analysis, does not require an allegation, much less a showing, that defendants took ownership of the property or benefitted therefrom. Hillcrest Homes LLC v Albion Mobile Homes Inc, 2014 NY Slip Op 03065, 4th Dept 5-2-14

 

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