HOLLAND AM. CRUISES v. CARVER FED. SAV. & LOAN ASS'N


60 A.D.2d 545 (1977)

Holland America Cruises, N. V., Appellant, v. Carver Federal Savings and Loan Association, Respondent, et al., Defendant

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

December 15, 1977


Unanimously modified, on the law, so as to strike the first affirmative defense in said proposed amended answer, and otherwise affirmed, without costs and without disbursements.

The question whether defendant Carver acted "in accordance with the reasonable commercial standards applicable to the business" of such defendant (Uniform Commercial Code, § 3-419, subd [3]) presents a question of fact which precludes summary judgment. In our view, the first affirmative...

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