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AMER. GUAR. INS. CO. v. PUB. NAT. BANK

13 Misc.2d 227 (1958)

American Guarantee and Liability Insurance Company, Plaintiff, v. Public National Bank and Trust Company, Defendant.

City Court of the City of New York, Special Term, New York County.

June 30, 1958.

Attorney(s) appearing for the Case

Moses & Singer for defendant.

Samuel Komoroff for plaintiff.

HAROLD BAER, J.

This is a motion to strike out a complaint as sham under rule 103 of the Rules of Civil Practice and to dismiss that complaint under rule 106.

Briefly, plaintiff insured Lustra Corporation under the usual depositor's fraud policy. The policy covered the insured and any bank where it deposited funds (policy is not part of the pleadings). An employee of Lustra obtained checks made payable

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