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MOORE v. FIRST NAT. CITY BANK OF N. Y.

26 Misc.2d 561 (1960)

Robert H. Moore, Plaintiff, v. First National City Bank of New York, Defendant, and Third-Party Plaintiff. Chase Manhattan, Third-Party Defendant.

Supreme Court, Special Term, New York County.

November 17, 1960

Attorney(s) appearing for the Case

Mahar & Mason (James J. Mason of counsel), for plaintiff. Shearman & Sterling & Wright (William C. Ughetta of counsel), for defendant and third-party plaintiff.

JACOB MARKOWITZ, J.

Motion to dismiss defenses. The first cause of action is one by a depositor against a bank for charging his account with $15,231.50 in connection with a check drawn by plaintiff for $231.50 and subsequently altered without plaintiff's knowledge or consent. The name of the payee is also claimed to have been changed from Francis C. Carr to Francis C. Carretta, without plaintiff's knowledge or consent.

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