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  5. 34 N.Y.2d 404 (1974)
 

SUNSHINE v. BANKERS TRUST CO.

34 N.Y.2d 404 (1974)

Elizabeth Sunshine, Respondent, v. Bankers Trust Company, Defendant-Appellant and Third-Party Plaintiff. Modern Pillow Co., Inc., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided June 19, 1974.

Attorney(s) appearing for the Case

Jack H. Weiner, Charles Leeds and Nathan Silverman for defendant-appellant.

James P. Beggans, Jr. and Nicholas R. Doman for respondent.

Judges JASEN, JONES and RABIN concur with Judge WACHTLER; Judge GABRIELLI concurs in a separate opinion in which Chief Judge BREITEL concurs; Judge STEVENS taking no part.

WACHTLER, J.

On September 28, 1971, Oscar Sunshine, the ailing president of Modern Pillow, Inc. (Modern) gave his wife Elizabeth a signed check from Modern drawn on Bankers Trust Company (Bank). He allegedly told her to fill in the check for whatever amount she needed. That night Elizabeth inserted her name and the amount ($10,000), thus completing the check (see Uniform Commercial Code, § 3-115, subd. ...

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