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KLEIN v. NORTH SIDE SAV. BANK

45 Misc.2d 532 (1965)

Henry Klein, Respondent, v. North Side Savings Bank, Appellant.

Supreme Court, Appellate Term, First Department.

January 7, 1965

Attorney(s) appearing for the Case

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.

Concur — TILZER, J. P., GOLD and CAPOZZOLI, JJ.

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...

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