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TONELLI v. CHASE MANHATTAN

41 N.Y.2d 667 (1977)

Joseph P. Tonelli, as Chairman and on Behalf of the Board of Trustees of the Paper Industry Union-Management Pension Fund, Respondent, v. Chase Manhattan Bank, N. A., Appellant, and Totowa Savings and Loan Association, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Andrew J. Connick and Eugene F. Farabaugh, New York City, for appellant.

Jesse Climenko and Joseph Ferraro, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

This case concerns the duty and obligation of a drawee bank to disburse funds in its customer's account only in accordance with the latter's order, and requires us to determine whether a drawee bank is liable to its customer for the delivery of a cashier's check to a thief in exchange for the customer's certified check, lacking the payee's indorsement. More precisely, the question presented may...

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