COMMERCIAL INS. v. SCALAMANDRE


56 Misc.2d 628 (1967)

Commercial Insurance Company of Newark, N. J., as Subrogee of First National State Bank of Newark, Plaintiff, v. Gino Scalamandre, Defendant.

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

December 5, 1967


Attorney(s) appearing for the Case

Martin J. Caine and Howard Karasik for defendant. Nicholas M. Laginestra, Charles P. Donnelly and John A. Pannone for plaintiff.


ARNOLD L. FEIN, J.

Defendant's motion for summary judgment is granted.

One David Zarin drew two checks on the First National State Bank of Newark, each in the sum of $1,000 payable to cash, one dated January 15, 1964, the other January 1, 1965. He delivered both checks to defendant who deposited the checks in his own bank for collection and was given credit for them. On or about February 2, 1965 Zarin...

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