Simmons v. Safir

In an action pursuant to Personal Property Law article 7-B for a judgment declaring that a statuette is abandoned and not lost property, and that the plaintiff is the rightful owner, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Posner, J.), dated February 17, 1999, as, upon a determination that the statuette was lost and not abandoned, denied that branch of her motion which was for leave to enter a judgment against the defendant PJ Express, Inc., upon its default in appearing, granted the motion of the defendant Howard Safir to…