WEXLER v. CHASE MANHATTAN BANK


13 A.D.2d 757 (1961)

Estelle Wexler, Respondent, v. Chase Manhattan Bank, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1961


Determination of the Appellate Term unanimously affirmed, with costs to plaintiff-respondent.

Breitel, J. P., concurring.

I concur in the result on the authority of the rationale expressed in American Defense Soc. v. Sherman Nat. Bank (225 N.Y. 506). Otherwise I would have, as a novel proposition, voted to reverse and deny summary judgment to plaintiff and thus follow the provision in the Uniform Commercial Code ...

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