LONG ISLAND NAT'L BANK v. ZAWADA


34 A.D.2d 1016 (1970)

Long Island National Bank, Appellant, v. Robert Zawada, Respondent, et al., Defendant

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

June 29, 1970


Judgment reversed, on the law, with costs, and judgment directed to be entered in favor of plaintiff against defendant Zawada for $4,592.96 plus interest from September 18, 1968 and costs and disbursements.

The sole issue on this appeal is whether a depositary bank may achieve the status of a holder in due course of negotiable paper deposited with it by its customer. The facts are not in dispute. Defendant Zawada issued his check in the amount of $5,000, which represented...

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