NAT'L BANK OF NORTH NEW YORK v. GRASSO


79 A.D.2d 871 (1980)

National Bank of Northern New York, Respondent, v. Savino Grasso, Appellant

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

December 23, 1980


Order unanimously reversed, with costs, and matter remitted to Supreme Court, Jefferson County, for further proceedings.

Memorandum:

Defendant, the sole owner of Aquila's Pizza, Inc., a domestic corporation, opened a corporate checking account with plaintiff bank. In this action plaintiff seeks restitution for damages arising from its payment of a check issued by Aquila's Pizza, Inc. Following service of a summons and complaint by affixing a copy to the door...

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