Appellate Terms of the Supreme Court of New York, 1965

Klein v. North Side Savings Bank

Appellate Terms of the Supreme Court of New York · Decided January 7, 1965

45 Misc. 2d 532; 257 N.Y.S.2d 191; 1965 N.Y. Misc. LEXIS 2387

Counsel

Goldwater & Flynn (Leon Liner of counsel), for appellant. Lebenbaum & Klein (Edward Klein of counsel), for respondent. Oliver & Donnally (Martin A. Meyer, Jr., of counsel), for Savings Banks Association of New York State, amicus curiæ.

Opinion of the Court

Per Curiam.

Section 300 of the Abandoned Property Law, which defines abandoned property as including bank deposits which have remained unclaimed for 10 years, does not apply to infant’s funds deposited by the guardian pursuant to an order of the court with the caveat “ subject to further order of the court ’ ’.

Appellant bank wrongfully treated respondent’s account, which had been inactive for 10 years, as abandoned property and is liable for damages.

The order should be affirmed, with $10 costs.

Concur — Tilzeb, J. P., Gold and Capozzoli, JJ.

Order affirmed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.