ASSUR CO v. SCARSDALE NAT BK


96 Misc.2d 715 (1978)

American Home Assurance Company, as Subrogee of Eastern District Burglar Alarm Corp., Plaintiff, v. Scarsdale National Bank & Trust Company, Defendant.

County Court, Trial and Special Term, Westchester County.

October 16, 1978


Attorney(s) appearing for the Case

D'Amato & Lynch for plaintiff. Neale & Wilson for defendant.


GERARD E. DELANEY, J.

During the period February to April, 1973, several checks — drawn on plaintiff — subrogor's account with defendant were stolen and forged by a third party, and then cashed by defendant, resulting in an alleged loss to plaintiff subrogee of $7,434.52. The instant action was commenced in June, 1978. Defendant urges that the action is barred by the Statute of Limitations pursuant...

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