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LEUMI TR CO v. MARINE MIDLAND

90 Misc.2d 337 (1977)

Bank Leumi Trust Company of New York, Plaintiff, v. Marine Midland Bank, Defendant.

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

April 19, 1977

Attorney(s) appearing for the Case

Parker, Chapin, Flattau & Klimpl (Menachem J. Kastner of counsel), for plaintiff. David M. Berenson and Robert Wang for defendant.

ANTHONY J. MERCORELLA, J.

Plaintiff, payor bank, seeks summary judgment pursuant to CPLR 3212.

It is alleged that defendant breached warranties of good title pursuant to section 4-207 of the Uniform Commercial Code in that as collecting bank it guaranteed prior indorsements on several checks before transferring same to plaintiff as payor bank. In fact the checks bore no indorsement of the payees therein...

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