92 A.D.2d 634 | N.Y. App. Div. | 1983
— Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered May 7,1982 in Albany County, which, inter alla, denied plaintiffs’ cross motion to settle a prior order dated December 2, 1981; dismissed the first cause of action contained in plaintiffs’ amended complaint as against defendants Crames, Scheinkman and Golenbock and Bareli; dismissed the second cause of action as against all defendants; ordered that certain portions of the amended complaint be stricken; and ordered that the first cause of action as against defendant llene N. Kahn be stricken with leave to replead said cause of action in conversion only, and only against defendant Kahn. In July, 1981, plaintiff Robert Kahn commenced an action for divorce against defendant llene Kahn who retained the law firm to Golenbock and Bareli and two of the firm’s associates, Charles Crames and Alan Scheinkman, as her attorneys of record. Thereafter, plaintiffs commenced an action against defendants Kahn and her attorneys, which resulted in an order on consent dismissing the complaint and granting plaintiffs leave to serve an amended complaint. In January, 1982, an amended complaint was served alleging, inter alla, in the first cause of action that plaintiffs stored in a special room in the marital residence of plaintiff Robert Kahn and defendant llene Kahn certain documents, papers and materials entrusted to plaintiffs by their clients; that defendant Kahn informed plaintiff Robert Kahn that she removed said items pursuant to the directions and instructions of her attorneys; that defendants agreed to convert and illegally misappropriate said items; and that defendants unlawfully and intentionally “misappropriated and converted and criminally retained” these materials for their own use and benefit refusing after plaintiffs’ demand to return them. In the second cause of action contained in the amended complaint, it was alleged that defendants fraudulently misrepresented the true nature and ownership of certain of the materials taken. Also contained in the amended complaint are allegations concerning the qualifications of defendant attorneys to represent defendant Kahn due to their conduct. Defendants moved to dismiss the amended complaint and defendant Kahn sought a change of venue. Plaintiffs cross-moved to resettle Special Term’s first order and to serve a second amended complaint. Special Term, inter alla, denied plaintiffs’ cross motion to resettle and granted defendants’ motion to dismiss the amended complaint, with leave to serve a second amended complaint solely against defendant Kahn and in conversion only. This appeal