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DONALD LAKE, appellant, v. R. HOMES CORP., ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants cannot be charged with conversion of a mobile home allegedly owned by the plaintiff since they were lawfully in possession of it pursuant to a proper warrant of eviction, and the plaintiff made no demand for its surrender (see Tompkins v. Fonda Glove Lining Co., 188 N.Y. 261).

The plaintiff's remaining contentions are without merit.

FLORIO, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

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LAKE v. R. HOMES CORP
(Apr 7, 2003)