Legal Opinion
Unclaimed Property Recovery Service, Inc. v. UBS PaineWebber Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 2009PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered November 20, 2007, which granted defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, unanimously affirmed, without costs.
The breach of contract cause of action was properly dismissed since the parties’ agreement, which provided that defendant would pay plaintiff a fee of ten percent of all unclaimed property recovered, neither specified the “nature of the property” nor “disclose[d] the name and address of the holder” (Abandoned Property Law § 1416 [1] [b], [c]). The court properly refused to…
2Cases cited5 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- M. Paladino, Inc. v. J. Lucchese & Son Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Matter of Com'rs of Wash'ton Park, AlbanyNew York Court of Appeals · 1873
- Shark Information Services Corp. v. Crum and Forster Commercial InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Unclaimed Property Recovery Service, Inc. v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- Air Atlanta Aero Engineering Ltd. v. SP Aircraft Owner I, LLCDistrict Court, S.D. New York · 2009
- Sabre International Security, Ltd. v. Vulcan Capital Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Maines Paper & Food Service, Inc. v. Keystone Associates, Architects, Engineers, and Surveyors, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Underhill Holdings, LLC v. Travelsuite, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Logistic Dynamics, LLC v. Rood Logistics LLCDistrict Court, W.D. New York · 2022
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