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TABOADA v. BANK OF BABYLON

95 Misc.2d 1000 (1978)

Manuel Taboada, Doing Business as Mid Island Truck Service, Plaintiff, v. Bank of Babylon, Defendant.

District Court of Suffolk County, Second District.

August 31, 1978

Attorney(s) appearing for the Case

Edward S. Raskin for plaintiff. Fishel, Loughlin & Bowers for defendant.

HARVEY W. SHERMAN, J.

Plaintiff makes this motion for summary judgment in lieu of complaint pursuant to CPLR 3213, on the ground that the defendant, Bank of Babylon, has failed to honor an official check drawn by the bank, on itself, payable to the order of plaintiff. An official bank check is an instrument for the payment of money only within this meaning of CPLR 3213 and is a proper subject for a motion of...

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