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CICCI v. LINCOLN NAT. BANK

46 Misc.2d 465 (1965)

Louis A. Cicci, Plaintiff, v. Lincoln National Bank and Trust Company of Central New York, Defendant.

City Court of Syracuse.

May 13, 1965

Attorney(s) appearing for the Case

Robert N. Primo and Carl A. Marino for plaintiff. Bond, Schoeneck & King (John S. Ferguson of counsel), for defendant.

TONY MANCUSO, J.

This is a motion pursuant to CPLR 3212 to strike the defendant's answer and seeking summary judgment in favor of the plaintiff. This is an action by the plaintiff depositor against the defendant bank for wrongful payment of a check drawn by the plaintiff in favor of one Joseph Santo in the amount of $3,000 after receipt by the defendant bank of a timely stop-payment order. The action is grounded upon section 4-403 of the Uniform Commercial...

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