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DAYTON, PRICE & CO., LTD. v. FIRST NAT'L CITY BANK

64 A.D.2d 563 (1978)

Dayton, Price and Company, Ltd., Respondent, v. First National City Bank, et al., Appellants, et al., Defendants

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

July 13, 1978

Accepting the facts as stated in the dissent, we perceive no benefit in remanding for trial of a nonexistent factual issue. It defies reality to think that Zeltser could have formed an intent to misappropriate any particular checks prior to his operation of the facsimile signature machine; he had nothing to do with placing any particular payee's name on a check. At that point, all the checks he handled were possible grist to his...

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