CLARK v. MARINE MIDLAND BANK, INC.


80 A.D.2d 761 (1981)

Leonard Clark et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Marine Midland Bank, Inc., et al., Appellants

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

March 5, 1981


The plaintiffs, Murray and Florence Lubitz, are customers of defendant-appellant Chase Manhattan Bank, N. A., Inc., and the plaintiff, Leonard Clark, is a customer of defendant-appellant Marine Midland Bank, Inc. In this class action, the plaintiffs assert that the defendant banks improperly imposed a service charge of $4 to $5 each time a customer's check was not honored by the bank because of insufficient or uncollected funds. The first cause of action in the amended complaint...

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