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KUBLI v. ROSETTI

34 N.Y.2d 68 (1974)

Henrietta Kubli, Respondent, v. Thomas E. Rosetti, as Property Clerk of the Police Department of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1974.

Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Jesse J. Fine and Stanley Buchsbaum of counsel), for appellant.

Louis N. Forman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge STEVENS taking no part.

RABIN, J.

In this dispute over possessory rights to a lost unregistered United States bearer bond, between the finder and the New York City Police Property Clerk, the issue is whether the found bond is an "instrument" or whether it is "property" within article 7-B of the Personal Property Law (§§ 251-258) (L. 1958, ch. 860). If an "instrument", the statute precludes the bond's return to plaintiff, its...

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