MARINE MIDLAND BANK v. RUSSO


50 N.Y.2d 31 (1980)

Marine Midland Bank, Appellant, v. John E. Russo Produce Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1980.


Attorney(s) appearing for the Case

Richard W. Cook and John F. Gates for appellant.

Minna R. Buck and Harold P. Goldberg for Canestraro Produce, Inc., and another, respondents.

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


FUCHSBERG, J.

On this appeal in a suit brought by a bank to impose liability on two of its corporate customers and their officers, we are called upon to pass on issues involving (1) the inference, if any, a trier of the facts in a civil case may draw from a party's assertion of his Fifth Amendment right to refuse to answer questions posed by his adversary; (2) the imputation of a bookkeeper's knowledge of a fraudulent...

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