Appellate Division of the Supreme Court of New York, 1983

Johnson v. Gumer

Appellate Division of the Supreme Court of New York · Decided May 25, 1983

94 A.D.2d 955

Cases that cite this one

33 later published cases cite this decision. The 25 that cite it most often are listed here.

Williams Land Clearing, Grading, and Timber Logger v. Apex Funding Source, LLC (United States Bankruptcy Court, E.D. North Carolina 2025)
Videri, Inc. v. ONAWHIM (OAW) Inc. (District Court, S.D. New York 2024)
Herman v. Duncan (District Court, S.D. New York 2019)
Grayson v. Ressler & Ressler (District Court, S.D. New York 2017)
SIMPSON & SIMPSON, PLLC v. LIPPES MATHIAS WEXLER FRIEDMAN LLP (Appellate Division of the Supreme Court of New York 2015)
REEVES, PAULA ANN v. GIANNOTTA, GARY J. (Appellate Division of the Supreme Court of New York 2015)
Reeves v. Giannotta (Appellate Division of the Supreme Court of New York 2015)
Reeves v. Giannotta (Appellate Division of the Supreme Court of New York 2015)
Simpson & Simpson, PLLC v. Lippes Mathias Wexler Friedman LLP (Appellate Division of the Supreme Court of New York 2015)
Simpson & Simpson, PLLC v. Lippes Mathias Wexler Friedman LLP (Appellate Division of the Supreme Court of New York 2015)
Niceforo v. UBS Global Asset Management Americas, Inc. (District Court, S.D. New York 2014)
Polanco v. NCO Portfolio Management, Inc. (District Court, S.D. New York 2014)
Friedman v. Wahrsager (District Court, E.D. New York 2012)
Lenard v. Design Studio (District Court, S.D. New York 2012)
Nelson Ex Rel. Nielson v. Ulster County, New York (District Court, N.D. New York 2010)
Stadt v. Fox News Network LLC (District Court, S.D. New York 2010)
Malanga v. Chamberlain (Appellate Division of the Supreme Court of New York 2010)
Vogel v. Tunick (New York Surrogate's Court 2009)
Tornheim v. Blue & White Food Products Corp. (Appellate Division of the Supreme Court of New York 2008)
Regions Bank v. Wieder & Mastroianni, P.C. (District Court, S.D. New York 2007)
Command Cinema Corp. v. VCA Labs, Inc. (District Court, S.D. New York 2006)
Conocophillips v. 261 East Merrick Road Corp. (District Court, E.D. New York 2006)
Moses v. Martin (District Court, S.D. New York 2004)
Pecoraro v. M&T Bank Corp. (Appellate Division of the Supreme Court of New York 2004)
Seanto Exports v. United Arab Agencies (District Court, S.D. New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— Order unanimously affirmed, with costs. Memorandum: Special Term properly denied defendant’s motion to dismiss the complaint on the ground that the action is barred by the Statute of Limitations. The complaint alleges that the defendant agreed to hold shares of stock for the plaintiffs’ assignor and that he converted said shares of stock either by refusing to deliver the stock on demand or by disposing of the shares. The Statute of Limitations applicable to conversion actions begins to run from the date the conversion occurs. Where the original possession is lawful, a conversion does not occur until the defendant refuses to return the property after demand or until he sooner disposes of the property (MacDonnell v Buffalo Loan, Trust & Safe Deposit Co., 193 NY 92,101). Here, the demand and refusal occurred less than three years before the institution of the action and there is *956no showing of any previous disposition of the shares. (Appeal from order of Supreme Court, Monroe County, Tillman, J. — dismiss complaint.) Present — Dillon, P. J., Doerr, Boomer and Schnepp, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.