DAVID GRAUBART, INC. v. BANK LEUMI TRUST CO. OF NEW YORK


66 A.D.2d 659 (1978)

David Graubart, Inc., Appellant-Respondent, v. Bank Leumi Trust Company of New York, Respondent-Appellant

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

December 5, 1978


The parties have limited their arguments to the fourth cause of action. Plaintiff was issued a check by the Prins Diamond Company drawn on the defendant bank. On October 21, 1976, plaintiff deposited the check in its account at the National Bank of North America (hereinafter referred to as National) who forwarded same through the clearing house to defendant who received it on Friday, October 22, 1976, marked it "insufficient funds" after canceling its "paid" stamp and forwarded...

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