NAT'L BANK OF NORTH AM. v. FLUSHING NAT'L BANK


72 A.D.2d 538 (1979)

National Bank of North America, Appellant-Respondent, v. Flushing National Bank, Respondent-Appellant

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

October 30, 1979


Cross appeal, unanimously dismissed, without costs or disbursements, in view of defendant's failure to cross-move for summary judgment.

In this action between banks, plaintiff sues to compel redemption of four certificates of deposit issued by defendant to its customer, Fashion Wear Realty, and held by plaintiff as security for a loan to Fashion. Defendant claims a right of setoff against the certificates for loans which it advanced to Fashion. The certificates sued...

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