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622 W. 113TH ST. CORP. v. CHEM. BANK

52 Misc.2d 444 (1966)

622 West 113th Street Corp., Plaintiff, v. Chemical Bank New York Trust Co., Defendant and Third-Party Plaintiff. Department of Welfare of the City of New York, Third-Party Defendant.

Civil Court of the City of New York, Trial Term, New York County.

December 27, 1966

Attorney(s) appearing for the Case

Garfield, Gelman & Garfield (Milton Gelman of counsel), for plaintiff. John B. Wynne and Robert J. Seymour for defendant and third-party plaintiff. Leo A. Larkin, Corporation Counsel (Philip Sokol of counsel), for third-party defendant.

EDWARD J. GREENFIELD, J.

Plaintiff's complaint alleges that the defendant bank, in which it maintained an account, deducted sums from its account "without authorization or justification."* On the trial plaintiff proved it was a depositor, had deposited a New York City Department of Welfare check indorsed by a person who satisfactorily identified herself as the payee, and was notified six months later that the Department of...

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