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HURLEY v. CITY OF NIAGARA FALLS

25 N.Y.2d 687 (1969)

Edward Hurley, Respondent, v. City of Niagara Falls, Defendant, and Sam Moraca et al., Appellants.

Court of Appeals of the State of New York.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Phillip S. Gellman for appellants.

Stanley Grossman and Morree M. Levine for respondent.

Concur: Judges BURKE, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse in the following opinion in which Chief Judge FULD, and Judge BERGAN concur.

Order affirmed, without costs, on the opinion at the Appellate Division.

SCILEPPI, J. (dissenting).

Article 7-B (§ 252, subd. 1) of the Personal Property Law provides in relevant part that "any person who finds lost property of the value of ten dollars or more or comes into possession of property of the value of ten dollars or more with knowledge that it is lost property * * * shall, within ten days after the finding or acquisition of possession...

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