Order insofar as appealed from unanimously affirmed, without costs.
Memorandum:
This is an appeal by defendant Bank of Buffalo from an order which denied defendant Bank of Buffalo's motion for partial summary judgment. Defendant's motion sought partial summary judgment based upon section 326 of the Negotiable Instruments Law, which provides: "No bank shall be liable to a depositor for the payment by it of a forged or raised check, unless within one year after...
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