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ARITOR CORP. v. CHASE MANHATTAN BANK

44 Misc.2d 672 (1964)

Aritor Corp., Plaintiff, v. Chase Manhattan Bank, Defendant. Trade Bank and Trust Company, Third-Party Plaintiff, v. M. J. P. Enterprises, Inc., et al., Third-Party Defendants.

Supreme Court, New York County.

December 15, 1964

Attorney(s) appearing for the Case

Irving Spieler for plaintiff and third-party defendant. Kronheim & Halpern (Samuel Halpern of counsel), for defendant. Edward Gettinger, Peter Gettinger and Samuel Sherman for third-party plaintiff. Martin J. Machat and Alan Kahn for M. J. P. Enterprises, Inc., third-party defendant.

BENJAMIN GASSMAN, J.

In this action, plaintiff, Aritor Corp., seeks to recover judgment against the defendant the Chase Manhattan Bank (hereinafter referred to as "Chase") in the sum of $49,500. In its complaint, plaintiff alleges that on or about August 21, 1962, it made out a check payable to the order of David M. Ainsberg in the sum of $49,500, drawn on the defendant Chase; that the said check was never delivered by it to the said payee or to any other...

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