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CAP DIST TEL v. BERTHIAUME

105 Misc.2d 529 (1980)

Capital District Telephone Employees Federal Credit Union, Plaintiff, v. David G. Berthiaume et al., Defendants.

Supreme Court, Special Term, Rensselaer County.

July 9, 1980.

Attorney(s) appearing for the Case

Arnold C. Peer for Joseph M. Curley and another, defendants. Zubres, D'Agostino & Hoblock for plaintiff. Pattison, Sampson, Ginsberg & Griffin, P. C., for Union National Bank, defendant. Poskanzer, Hessberg, Blumberg, Dolin, Barba, Greisler & Trombly for National Commercial Bank & Trust Company, defendant.

LEONARD A. WEISS, J.

A customer presents his bank with a check for deposit which is paid by it and the drawer's bank without the indorsement of the copayee. Seven months after final settlement, the customer's account is charged back by his bank following assertion of a claim to the proceeds of the check by the copayee. In an action by the copayee against the party who presented the check for deposit, the presenting...

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