Majority
p. 766Black and Boyd Manufacturing Company, Inc., Appellant, v. Grand and First Street Corporation, Respondent.
Order setting aside verdict and granting a new trial unanimously affirmed, with costs. The action is plainly one for conversion, and the rule of damages is well settled in such a case. The decision of tMs court in American Stove Company v. Weisberg-Goldman Corp. ( 238 App. Div. 788 , decided February 10, 1933) awarded damages in a similar case on the basis of the value of the converted chattels at the time of the conversion. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ.