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  5. 44 N.Y.2d 869 (1978)
 

STERLING NAT'L BANK & TRUST CO. OF NEW YORK v. SAV. BANKS TRUST CO.

44 N.Y.2d 869 (1978)

Sterling National Bank & Trust Company of New York, Respondent, v. Savings Banks Trust Company, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 31, 1978.

Attorney(s) appearing for the Case

David Burstein and Thorold J. Deyrup for appellant.

Bertram Field, David M. Waldman and Jeffrey H. Zegen 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.

We agree that appellant breached its duty to respondent under the terms of their collection agreement when it failed to return the two checks erroneously sent to it. There is no merit to appellant's contention that the provision of the applicable collection agreement requiring the prompt return of "missent" items refers exclusively to...

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