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GARDEN CHECK CASHING v. FIRST NAT. BANK

25 A.D.2d 137 (1966)

Garden Check Cashing Service, Inc., Respondent, v. First National City Bank, Appellant

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

March 8, 1966.

Attorney(s) appearing for the Case

Michael J. Aratingi of counsel (Herman E. Compter with him on the brief; Shearman & Sterling, attorneys), for appellant.

Samuel Gordon of counsel (Evelyn Frank with him on the brief; Blumberg, Singer, Ross & Gordon, attorneys), for respondent.

BOTEIN, P. J., BREITEL, RABIN and EAGER, JJ., concur.

BASTOW, J.

This action was brought to recover on a written instrument, more fully hereinafter described. Following trial in Civil Court, judgment was rendered for defendant (38 Misc.2d 623). Upon appeal Appellate Term reversed and granted judgment for plaintiff. The issues presented being novel, as is also the instrument, and the lower courts, both in this case and others...

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