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ATL. BANK v. ISRAEL BANK

108 Misc.2d 342 (1981)

Atlantic Bank of New York, Appellant, v. Israel Discount Bank Limited et al., Respondents.

Supreme Court, Appellate Term, First Department.

March 23, 1981

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Ray Beckerman of counsel), for appellant. Robert J. Seymour and Virginia S. Price for respondents.

Concur: DUDLEY, P. J., HUGHES and ASCH, JJ.

Per Curiam.

Order entered August 13, 1980, dismissing the complaint as against Bankers Trust Co. and denying plaintiff's motion for summary judgment is modified to the extent of granting summary judgment to plaintiff Atlantic Bank of New York (Atlantic) against both defendants, on the warranty action, and, as so modified, affirmed, with $10 costs.

When a payor bank honors a check bearing a payee's forged...

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