ADVANCED ALLOYS v. SERGEANT STEEL CORP.


79 Misc.2d 149 (1973)

Advanced Alloys, Inc., Appellant, v. Sergeant Steel Corporation et al., Respondents.

Supreme Court, Appellate Term, Second Department.

July 19, 1973


Attorney(s) appearing for the Case

Ira L. Levinson for appellant.

Matthew F. Donohue and Joseph V. Hamilton, Jr., for Chase Manhattan Bank, N. A., respondent.

Concur — GROAT, P. J., MARGETT and RINALDI, JJ.


MEMORANDUM.

Order unanimously reversed, with $10 costs to abide the event, and motion for summary judgment denied.

While section 4-404 of the Uniform Commercial Code protects a bank which pays a stale check so long as it acts in good faith, it does not eliminate the requirement of ordinary care which a bank must observe in all its dealings (Granite Equip. Leasing Corp. v. Hempstead Bank, 68 Misc.2d 350; see, also...

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