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HOROWITZ v. STATE BANK & TRUST CO.

19 Misc.2d 767 (1959)

Meyer S. Horowitz, Plaintiff, v. Commercial State Bank & Trust Company of New York, Now Called Commercial Bank of North America, Defendant, and Third-Party Plaintiff. Irving Trust Company, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

August 14, 1959.

Attorney(s) appearing for the Case

Abraham L. Watarz for plaintiff.

Maurice, McNamee & White for defendant and third-party plaintiff.

Winthrop, Stimson, Putnam & Roberts for third-party defendant.

MARK A. COSTANTINO, J.

Plaintiff moves for an order directing judgment in favor of the plaintiff and against the defendant pursuant to rule 112 of the Rules of Civil Practice. This is an action for the alleged wrongful payment of a check drawn by plaintiff on defendant bank and certified by defendant before issuance thereof. Among the allegations of the complaint plaintiff avers that the name of the payee was...

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