The Second Department determined the causes of action for conversion should have been dismissed. Conversion applies only to personal property, not, as here, to real property and a business interest:
“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” … . The subject matter of a conversion cause of action ” must constitute identifiable tangible personal property’; real property and interests in business opportunities will not suffice”… . Here, the first cause of action seeks to recover damages for conversion based upon [defendant’s] alleged interference with the right of the plaintiff C & B Enterprises, USA, LLC … , “to possession of its Property,” and the second cause of action seeks to recover damages for conversion based upon [defendant’s] alleged interference “with [the plaintiff[‘s]] right to possession of his ownership of C & B.” Inasmuch as the subjects of these causes of action are real property and [plaintiff’s] interest in a business, respectively, a cause of action in conversion does not lie … . C & B Enters. USA, LLC v Koegel, 2016 NY Slip Op 01281, 2nd Dept 2-24-16
CONVERSION (ACTION WILL NOT LIE RE INTANGIBLE PROPERTY OR REAL ESTATE)