CHARTERED BANK v. AM. TRUST CO.


47 Misc.2d 694 (1965)

Chartered Bank, Plaintiff, v. American Trust Company et al., Defendants.

Supreme Court, Special Term, New York County.

June 8, 1965


Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan (James H. Goodfriend and Irving Schiffman of counsel), for American Trust Company, defendant. Schultz & Epstein (Harry Epstein of counsel), for Henry Curley, defendant. Goldstein, Judd & Gurfein (Murray I. Gurfein, Milton M. Rulnick and Edward Brodsky of counsel), for plaintiff.


ABRAHAM N. GELLER, J.

This is a motion to dismiss each of the five causes of action of the amended complaint for legal insufficiency. The facts alleged by plaintiff, upon the basis of which causes sounding in negligence and conversion have been asserted, are the following.

That an employee of plaintiff bank, one William Scorca, prepared and signed 123 checks drawn on the account of plaintiff in the Bank...

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