Peller v Approved Moving (2005 NYSlipOp 51154(U))

[*1]

Peller v Approved Moving

2005 NYSlipOp 51154(U)

Decided on July 21, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 21, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: July 21, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2003-704 K C

Arlene Peller, Appellant,

against

Approved Moving, Respondent.

Appeal by plaintiff from a judgment of the Civil Court, Kings County (G. Wright, J.), entered November 15, 2001, which dismissed her complaint and awarded defendant $300 in costs.

Judgment unanimously affirmed without costs.

Plaintiff, a bailor of personal property, commenced the instant action for conversion against defendant, a warehouseman. Inasmuch as plaintiff failed to establish that she paid defendant in full for the storage fees, the defendant had a valid warehouseman's lien on plaintiff's property (UCC 7-209 [1]) and was entitled to enforce same. Therefore, the lower court properly dismissed plaintiff's complaint. We note that this court cannot consider matters dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]). [*2]
Decision Date: July 21, 2005