JAISAN, INC. v. TRS. OF THE MASONIC HOME & ASYLUM FUND


254 A.D.2d 23 (1998)

678 N.Y.S.2d 259

Jaisan, Inc., Appellant, v. Trustees of the Masonic Home & Asylum Fund et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 1, 1998


Plaintiff's 1995 agreement with defendant Trustees of the nursing home in which the decedent resided, which superseded its 1988 agreement with the decedent to locate and recover her property, did not involve "abandoned property" within the meaning of Abandoned Property Law § 1416. Rather, the disclosed subject matter of the 1995 agreement was the property involved in the New Jersey proceeding, which never escheated to New Jersey, and indeed did pass through an estate...

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