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SCHORR v. BANK OF NY

112 Misc.2d 684 (1981)

Anthony Schorr, Doing Business as Schorr Automotive, Respondent, v. Bank of New York (County Trust Region), Appellant.

Supreme Court, Appellate Term, Second Department.

July 9, 1981

Attorney(s) appearing for the Case

Richard C. Thompson, Harold J. Johnson and Patricia G. Locke for appellant. Stephens & Buderwitz (James R. Caruso of counsel), for respondent.

FARLEY, P. J., SLIFKIN and Di PAOLA, JJ., concur.

MEMORANDUM.

Order and judgment unanimously reversed, with $10 costs, and judgment directed to be entered in favor of defendant.

This action was brought to recover an amount debited from plaintiff's checking account.

The charge card agreement between plaintiff merchant and defendant bank provided that in the event of a dispute between the merchant and a customer who paid by credit card, the bank could debit the merchant's account for the

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