CAPRITTA v. NAT'L COMMERCIAL BANK


26 Misc.2d 71 (1960)

Anthony Capritta, Plaintiff, v. National Commercial Bank and Trust Company, Defendant.

City Court of Albany.

October 31, 1960


Attorney(s) appearing for the Case

Poskanzer & Muffson (Eugene M. Karp of counsel), for defendant. Alan R. Freedman for plaintiff.


JOHN W. REHFUSS, J.

This motion is brought by defendant for summary judgment in its favor and against plaintiff. The complaint sets forth causes of action in breach of contract and negligence, to which defendant has interposed a general denial.

Plaintiff, as a depositor of defendant bank, on October 17, 1959, issued a check for $140 to one Thomas Matson. On October 17, 1959, plaintiff instructed defendant...

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