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THOMAS v. MARINE MIDLAND BANK

86 Misc.2d 284 (1976)

Edward Thomas, Plaintiff, v. Marine Midland Tinkers National Bank, Defendant.

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

March 25, 1976

Attorney(s) appearing for the Case

Lipkin & Weisberg (Sidney A. Weisberg of counsel), for plaintiff. David M. Berenson and Hyman A. Hochman for defendant.

SHANLEY N. EGETH, J.

Plaintiff has commenced this action to recover the sum of $2,500 from the defendant bank, claiming that defendant wrongfully paid a check drawn against his account after receiving a proper and timely stop payment order.

FACTS PROVEN ON TRIAL

The following material facts have been proven upon trial:

On December 8, 1973, plaintiff entered into agreement to

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