RAPP v. DIME SAV. BANK OF NEW YORK


48 N.Y.2d 658 (1979)

Irene Rapp et al., Appellants, v. Dime Savings Bank of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 9, 1979.


Attorney(s) appearing for the Case

Sheldon V. Burman for appellants.

Ralph L. Ellis and Jeffrey H. Squire for respondent.

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


MEMORANDUM.

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

On the present record, there are no factual issues concerning the legality of defendant bank's collection policy. Defendant, as a depository or collecting bank, generally may not prohibit a customer from drawing against a check deposited in his account after a reasonable time has elapsed from receipt of a provisional settlement for that...

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