DeCARLO v. HSBC BANK USA

3802, 117221/04.

79 A.D.3d 465 (2010)

911 N.Y.S.2d 622

PHILIP DeCARLO, Appellant, v. HSBC BANK USA, Respondent. (And a Third-Party Action.)

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

Decided December 7, 2010.


The court properly found that plaintiff failed to prove entitlement to payment on a bond that he found in 2004 among the possessions of his deceased sister, which bond had become payable in 1984. In light of defendant's proof that the bond in question was one of nine that had been reported stolen in 1985, plaintiff could make a claim thereto only if he could demonstrate that he had purchased the bond for value (see Hartford Acc. & Indem. Co. v Walston & Co.,

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