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MARGOLIS v. CHEM. BANK OF NEW YORK TRUST CO.

49 A.D.2d 846 (1975)

Jack Margolis, Appellant, v. Chemical Bank of New York Trust Company, Respondent

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

October 21, 1975

Respondent shall recover of appellant $60 costs and disbursements of this appeal. The court properly found that defendant had no duty to the plaintiff and accordingly, that the complaint did not state any cause of action. Indeed, the record demonstrates that plaintiff was not the payee, transferee or holder of the check in issue. And further, as pointed out in the decision of Special Term, plaintiff never even saw the check and...

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