replevin claim (New York) · Go Syfert
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replevin claim in New York

6 New York opinions name it 2 courts 2010–2022 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
WILLIAMS, DANIELLE v. JUDYCKI, LINDSEY E.green
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022To the extent plaintiffs seek the return of commissions — that is, "ordinary currency" - no replevin claim lies ( Heckl v Walsh, 122 AD3d 1252, 1254 [4th Dept 2014] [internal quotation marks and brackets omitted]).

11
Parker v. Blauvelt Volunteer Fire Co.green
ny · 1999 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016The motion court correctly determined that plaintiff’s action alleging replevin was barred by the doctrine of res judicata, because plaintiff had previously brought the same replevin claim against defendant in federal court, and that claim had been litigated and decided on the merits in defendant’s favor (see Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343, 347 [1999]; Miller Mfg.

11
Miller Manufacturing Co. v. Zeilergreen
ny · 1978 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Co. v Zeiler, 45 NY2d 956, 958 [1978]).

11
Peters v. Sotheby's Inc.green
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010Where replevin is sought against the party who converted the property, the action accrues on the date of conversion (Matter of Peters v Sotheby’s Inc., 34 AD3d 29, 36 [2006], lv denied 8 NY3d 809 [2007]). * Petitioner next asserts that the statute of limitations was restarted in 2004 when respondent purportedly sold The Cry to an affiliate of Marlborough in Liechtenstein.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Batsidis v. Batsidis green
nyappdiv · 2004
2 sentences

2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]).

2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]).

32014–2019
McGough v. Leslie green
nyappdiv · 2009
2 sentences

2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]).

2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]).

12019–2019
G & S Quality Inc. v. Bank of China green
nyappdiv · 1996
2 sentences

2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]).

2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]).

12019–2019

Where else courts name it

OH 8 (1990–2024) NY 6 (2010–2022) FL 6 (2004–2021) IL 5 (2016–2025) CO 5 (1992–2025) MO 4 (1970–2002) PA 4 (2014–2026) NM 3 (2013–2013) AR 2 (2023–2023) DE 2 (2021–2021) IN 2 (2013–2013) OR 2 (2010–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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