“a certain transcript of a book Brenner was writing, including handwritten notes,” entitled “Unleash the Warrior Goddess Within.” (Second Am. Compl. ¶¶ 108-12.) In their post-trial submissions, however, Plaintiffs further allege a cause of action for conversion of Pure Power’s confidential business documents, including its client list. To state a claim for conversion under New York law, a plaintiff must show that “someone, intentionally and without authority, assume[d] or exercise[d] control over personal property belonging to someone else, interfering with that person’s right of possession.” Colavito v. N.Y. Organ Donor Network, Inc., 8 N.Y.3d 43, 49-50, 827 N.Y.S.2d 96, 100, 860 N.E.2d 713 (2006); accord Thyroff v. Nationwide Mut. Ins. Co., 460 F.3d 400, 403-04 (2d Cir.2006) (<HOLDING>). A plaintiff must show: (1) a “possessory
holding that plaintiff could state a claim for conversion of confidential information holding that where plaintiff did not allege that it was deprived of or excluded from use of its own customer lists it could not establish conversion holding that where defendant retained possession of and deprived plaintiff access to business records a claim for conversion was properly stated holding that electronic records may be subject to a claim for conversion holding complaint was not based on a conversion claim but was a declaratory judgment action thus not governed by conversion statute of limitations