MARINE MIDLAND BANK v. JOHN E. RUSSO PRODUCE CO., INC.


65 A.D.2d 950 (1978)

Marine Midland Bank, Appellant, v. John E. Russo Produce Co., Inc., et al., Respondents

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

November 10, 1978


Order and judgment unanimously modified by reversing as to respondents John E. Russo Produce Co., Inc., John E. Russo and Rita Russo, and a new trial granted as to them, with costs to abide the event, and, as so modified, order and judgment affirmed, with costs to defendants Canestraro Produce, Inc., and Joseph Russo, against plaintiff.

Memorandum:

In this action for fraud and conversion, appellant claims that it was damaged as the result of a "check-kiting...

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