NOVAK v. GREATER N. Y. SAV. BANK


30 N.Y.2d 136 (1972)

Stanley Novak, Appellant, v. Greater New York Savings Bank, Respondent.

Court of Appeals of the State of New York.

Decided March 16, 1972.


Attorney(s) appearing for the Case

Harold A. Halperin and Philip Levine for appellant.

Joseph T. Keller for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur.


SCILEPPI, J.

The appellant has brought this action to recover some $12,600 plus accrued interest, which he had on deposit in his savings account with the respondent bank. It is alleged that respondent has refused to honor his demand and that $12,000 in cash was paid to a person other than appellant, who presented his stolen passbook. Respondent defends upon the ground that section 10 of its by-laws, rules and...

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