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BANCO FRANCES v. JOHN DOE

44 A.D.2d 353 (1974)

Banco Frances E Brasileiro S. A., Respondent-Appellant, v. John Doe No. 1, Appellant-Respondent, et al., Defendants Martin E. Silfen, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1974.

Attorney(s) appearing for the Case

Donald N. Dirks of counsel (Mark L. Austrian with him on the brief; Davis Polk & Wardwell, attorneys), for respondent-appellant.

Martin E. Silfen, in person, and Herman E. Cooper for Martin E. Silfen and another, appellants-respondents.

MARKEWICH, J. P., MURPHY, TILZER and CAPOZZOLI, JJ., concur.

STEUER, J.

Plaintiff, a Brazilian banking institution, brings this action against two individuals whose names are unknown to it. The basis of plaintiff's cause of action is that these persons, by misrepresenting their identities, induced the bank to allow them to exchange Brazilian currency for American travelers checks, which exchange was contrary to Brazilian currency regulations. No other irregularity or impropriety...

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