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  5. 26 Misc.2d 910 (1960)
 

MAURICE LINDER & SON ASSOCS. v. STERLING NAT. BANK & TRUST CO. OF N. Y.

26 Misc.2d 910 (1960)

Maurice Linder & Son Associates, Ltd., Plaintiff, v. Sterling National Bank and Trust Company of New York, Defendant. Sterling National Bank and Trust Company of New York, Third-Party Plaintiff, v. Atlantic Bank of New York et al., Third-Party Defendants. Atlantic Bank of New York, Fourth-Party Plaintiff, v. Excess Risk Company, Ltd., Fourth-Party Defendant.

Supreme Court, Special Term, New York County.

February 24, 1960

Attorney(s) appearing for the Case

Friedlander & Gaines (Edward Cherney of counsel), for fourth-party defendant.

A. Chalmers Mole for third-party defendant and fourth-party plaintiff.

JOSEPH A. GAVAGAN, J.

The fourth-party defendant moves for dismissal of the fourth-party complaint for legal insufficiency. The action involves the question as to which party is ultimately liable upon the checks in suit. In the fourth-party complaint in a first cause of action, it is alleged that checks were drawn to the order of the fourth-party defendant, Excess Risk Company, Ltd., which were paid without authority, acquiescence, knowledge or consent...

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