New York Complaint for Conversion of Personal Property by Co-Owner and Request for Partition

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US-01705BG
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Description

Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.


An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits.

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FAQ

Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.

Illegal Conversion - Daily Penalties!!! Violation of §28-210.1 of the Administrative Code (illegal conversion) prescribes additional penalties of $1000 per day for each day the violation remains uncorrected (45 days maximum).

There are several ways to report suspected illegal short-term rentals in your building or neighborhood. You can call 311 and follow the prompts; or submit a complaint online.

Illegal conversion is when an existing residential or commercial building has been changed to create an additional room, space, or unit without first getting approval from the New York City Department of Buildings.

Examples of an illegal conversion include: Creating a rooming house (single room occupancy) or dividing an apartment into single room occupancies. Adding an apartment in the basement, attic or garage without obtaining approval or permits from DOB.

There are several ways to report suspected illegal short-term rentals in your building or neighborhood. You can call 311 and follow the prompts; or submit a complaint online.

Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. That being said, if you are a landlord and want to evict a tenant but not sure because you have someone living in an illegal basement, the answer is that you can.

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New York Complaint for Conversion of Personal Property by Co-Owner and Request for Partition