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VALLEY BANK v. BANK OF COMMERCE

74 Misc.2d 195 (1973)

Valley Bank of Nevada, Plaintiff, v. Bank of Commerce, Defendant and Third-Party Plaintiff. Matthew Carpelow, Third-Party Defendant.

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

April 11, 1973

Attorney(s) appearing for the Case

Demov, Morris, Levin & Shein (Kenneth M. Block of counsel), for plaintiff. Arthur L. Webber and Ernst L. Bendix for defendant and third-party plaintiff.

LEONARD H. SANDLER, J.

In this action by Valley Bank of Nevada, successor to the Bank of Las Vegas (Las Vegas), to recover a certain sum of money paid to the Bank of Commerce (Commerce) allegedly under a mistake of fact or law, both parties have moved for summary judgment.

The case concerns a check for $4,000, drawn on Commerce, dated July 17, 1969, payable to the order of M & R Investment Company, Inc., a Las Vegas corporation, and purportedly...

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