NESSCO SURGICAL PRODS., INC. v. LONG ISLAND TRUST CO.


51 A.D.2d 733 (1976)

Nessco Surgical Products, Inc., Respondent, v. Long Island Trust Company, Appellant

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

February 2, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

Issues of fact are present which preclude the grant of summary judgment. These are, inter alia, whether the defendant exercised ordinary care in selecting properly qualified intermediary banks and agents and in giving proper instructions to them (see Uniform Commercial Code, § 4-202 [and par 4 of the Official Comment thereto, McKinney's Cons Laws of NY, Book 62½, Part 2, p...

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