ABEL v. MEADOW BROOK BANK


44 Misc.2d 577 (1964)

Sam Abel, Plaintiff, v. Meadow Brook National Bank, Defendant and Third-Party Plaintiff-Respondent. Theodocia Abel, Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, Second Department.

November 10, 1964


Attorney(s) appearing for the Case

Barbiero & Perlstein (Joseph Perlstein of counsel), for appellant. Lee Franklin and David C. Weisberg for respondent.

Concur — GULOTTA, PETTE and GROAT, JJ.


Per Curiam.

The main action is brought against a collecting bank by one of two payees on a check charging that his indorsement was forged. It is alleged that the bank paid the proceeds of the check to the other payee who had indorsed it, but above the alleged forgery.

The Statute of Limitations has not run in the main action against the collecting bank since it was commenced within six years (Civ. Prac. Act, § 48, subd. 1; Henderson v. Lincoln...

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