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MORTIMER AGENCY v. UNDERW. TRUST CO.

73 Misc.2d 970 (1973)

Mortimer Agency, Inc., Plaintiff, v. Underwriters Trust Co., Defendant and Third-Party Plaintiff. Chemical Bank et al., Third-Party Defendants.

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

April 2, 1973

Attorney(s) appearing for the Case

Walker & Ewig (Clare Edward Walker of counsel), for plaintiff. Feurstein & Underweiser (Arthur L. Diamond of counsel), for defendant and third-party plaintiff. John B. Wynn and Harold Weisblatt for Chemical Bank, third-party defendant.

LEONARD H. SANDLER, J.

Plaintiff, Mortimer Agency, Inc. (Mortimer), depositor in Underwriters Trust Company (Underwriters), sues to recover $4,000 paid out by Underwriters on a forged check. Underwriters resists the action on the claim that Mortimer's negligence contributed to the success of the forgery. In addition, Underwriters has impleaded Chemical Bank (Chemical) and Rego Trading Corp. (Rego) asserting that the name of the payee was also forged,...

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