Legal Opinion

Hurley v. City of Niagara Falls

Appellate Division of the Supreme Court of the State of New York

Decided May 9, 1968PublishedCited by 5 opinions

1Opinion of the CourtBastow, P. J.

This appeal presents the issue of the respective rights to " lost property " as between the finder thereof and the owners of a private residence in the light of article 7-B of the Personal Property Law added thereto by chapter 860 of the Laws of 1958.

The defendants, Moraca, since the early 1950’s have owned a residence in the City of Niagara Falls. In 1962 they contracted with plaintiff to build a recreation room in the basement. While attempting to remove a pipe plaintiff found $4,990 in currency hidden behind a wooden block on the floor of a cabinet-type sink. There were several bundles of…

2Cases cited3 opinions

  1. Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
  2. Cohen v. Manufacturers Safe Deposit Co.New York Court of Appeals · 1948
  3. Dolitsky v. Dollar Savings BankCity of New York Municipal Court · 1952

3Cited by5 opinions

  1. Benjamin v. Lindner Aviation, Inc.Supreme Court of Iowa · 1995
  2. Campbell v. CochranSuperior Court of Delaware · 1980
  3. Ho v. RubinNew Jersey Superior Court Appellate Division · 1999
  4. Morgan & Bros. v. McGuireNew York Supreme Court · 1982
  5. Benjamin v. Lindner Aviation, Inc.Supreme Court of Iowa · 1995

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