Walter v Amoroso (2003 NY Slip Op 51622(U))

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Walter v Amoroso

2003 NY Slip Op 51622(U)

Decided on December 10, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 10, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and SKELOS, JJ.
NO. 2003-562 S C

HOWARD WALTER, Appellant,

against

REBEKAH AMOROSO, Respondent.

Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (G. Tschiember, J.), entered November 8, 2002, in defendant's favor dismissing the action. Judgment unanimously affirmed without costs.

In this action to recover $3,000 for the alleged conversion of an engagement ring, the court below properly found that defendant's failure to return the ring in response to plaintiffs demand constituted an act of conversion, but that the action was time-barred by the three-year limitation period of CPLR 214 (3).
Decision Date: December 10, 2003