MAZZUKA v. BANK OF NO. AM.


53 Misc.2d 1053 (1967)

John Mazzuka, Plaintiff, v. Bank of North America, Defendant.

Civil Court of the City of New York, Queens County.

May 5, 1967


Attorney(s) appearing for the Case

Arthur W. Lonschein for plaintiff. Livingston, Livingston & Harris (Ernst L. Bendix and Sayward Mazur of counsel), for defendant.


MICHAEL A. CASTALDI, J.

Plaintiff's motion (No. 21) and defendant's cross motion (No. 22) have been considered together. Each party seeks summary judgment against the other.

The material facts that gave rise to this controversy are not in dispute. In sequence, this is what occurred.

On September 13, 1966, one Edward I. Chirlin, who maintained an account at a branch of defendant bank, made out a check in the sum of $2,000 payable to the...

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