TUSSO v. SEC. NAT. BANK


76 Misc.2d 12 (1973)

Joseph L. Tusso, Plaintiff, v. Security National Bank, Defendant and Third-Party Plaintiff. Adamson Construction Corporation, Third-Party Defendant.

District Court of Suffolk County, Sixth District.

November 12, 1973


Attorney(s) appearing for the Case

Davidow, Davidow & Stull for plaintiff. Mullooly, Jeffrey & Rooney (Ronald Brown of counsel), for defendant.


ROCKWELL D. COLANERI, J.

The plaintiff delivered a check to the third-party defendant in the sum of $600 in the evening of July 24, 1972. At 9:00 o'clock the following morning, the plaintiff appeared at Security National Bank and stopped payment on the check and the plaintiff paid a fee of $5 for the stop payment order as required by the bank. At approximately 10:40 o'clock the same morning, the third-party defendant appeared and had the check certified...

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