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SEAGRAM v. BANKERS TRUST

110 Misc.2d 525 (1981)

Joseph E. Seagram & Sons, Inc., Plaintiff, v. Bankers Trust Company of Albany, N. A., et al., Defendants.

Supreme Court, Special Term, Albany County.

August 24, 1981

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett (David J. Reich of counsel), for plaintiff. Cooper, Erving & Savage (Stephen J. Waite of counsel), for Bankers Trust Company of Albany, N. A., defendant. Harvey, Harvey, Mumford & Kingsley for Harry E. Veeder & Sons, Inc., and others, defendants.

LAWRENCE E. KAHN, J.

This is a motion for an order pursuant to CPLR 3212 granting summary judgment in favor of the plaintiff (Seagrams), and against the defendant, Bankers Trust Company of Albany, N. A. (Bankers). The action seeks to recover damages allegedly sustained as the result of the failure of said defendant to perform its duty as collecting agent for the plaintiff in connection with 12 shipments of grain to the codefendant, Harry E. Veeder and...

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