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DZIURAK v. CHASE MANHATTAN BANK

44 N.Y.2d 776 (1978)

Francis A. Dziurak, Appellant, v. Chase Manhattan Bank, N. A., Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1978.

Attorney(s) appearing for the Case

Samuel W. Sherman and Irving A. Cook for appellant.

Andrew J. Connick and Richard C. Tufaro for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

A cashier's check is the primary obligation of the issuing bank which, acting as both drawer and drawee, accepts the check upon its issuance. (Matter of Bank of United States, 243 App Div 287, 291; Moon Over the Mountain v Marine Midland Bank, 87 Misc.2d 918, 920.) As such, a cashier...

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