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ROSENHACK v. CHEM. BANK

91 Misc.2d 817 (1977)

Leo L. Rosenhack, Plaintiff, v. Chemical Bank & Trust Co., Defendant.

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

June 23, 1977

Attorney(s) appearing for the Case

John B. Wynne and F. Jerry Phelps for defendant. Shatzkin, Cooper, Labaton, Rudoff & Bandler for plaintiff.

STANLEY L. SKLAR, J.

Defendant moves to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) on the ground that the complaint fails to state a cause of action.

The material facts alleged are undisputed. Plaintiff has what is evidently a checking account with the defendant bank (Chemical). In February, 1971, Rosenhack discovered that the sum of $3,582 had been credited to his account. He advised Chemical that he had not deposited the funds...

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