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MANHATTAN IMP. CARS v. DIME SAV. BANK

70 Misc.2d 889 (1972)

Manhattan Imported Cars, Inc., Appellant, v. Dime Savings Bank of New York, Respondent. Dime Savings Bank of New York, Interpleading Plaintiff-Respondent, v. Susan C. Turick, Interpleaded Defendant-Respondent.

Supreme Court, Appellate Term, First Department.

February 17, 1972

Attorney(s) appearing for the Case

Mervin Roseman and Simon J. Hauser for appellant. Arthur J. Clyne for interpleaded defendant-respondent.

Concur — STREIT, J. P., QUINN and GOLD, JJ.

Per Curiam.

Plaintiff clearly was entitled to summary judgment against defendant savings bank based on its teller's check payable to plaintiff's order and given to it in payment of an automobile, which was thereupon delivered to the bank's depositor. The teller's check, delivered as the equivalent of cash, was the bank's own direct and primary obligation to plaintiff and it could not resist enforcement of its contract...

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