STRANIERE, FAGIN, McKENNA, RUNES & NACHISON v. MARINE MIDLAND BANK


74 A.D.2d 525 (1980)

Straniere, Fagin, McKenna, Runes & Nachison, Appellant, v. Marine Midland Bank, Respondent

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

February 19, 1980


Special Term found that "the undisputed facts show that the check was not paid or returned by midnight of the next banking day", in accordance with its obligation under sections 4-301 and 4-302 of the Uniform Commercial Code. Defenses and delays which will excuse prompt performance by a payor bank are strictly governed by statute. No valid defense pursuant to section 4-302 of the Uniform Commercial Code nor excusable delay pursuant to section 4-108 of the Uniform Commercial...

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