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SAVEMART v. BOWERY SAV.

117 Misc.2d 947 (1982)

Savemart, Inc., Respondent, v. Bowery Savings Bank, Appellant.

Supreme Court, Appellate Term, First Department.

December 22, 1982

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft for appellant. Michael Cook for respondent.

RICCOBONO and SULLIVAN, JJ., concur; TIERNEY, P. J., dissents in a separate memorandum.

Per Curiam.

Order dated January 4, 1982 insofar as appealed from is affirmed, with $10 costs.

Plaintiff, Savemart, Inc., retailer of television sets and appliances, upon delivery of merchandise to a customer, received what purported to be a teller's check issued by the defendant, the Bowery Savings Bank. Bowery had stopped payment on the check because it was one of 1,000 missing blank checks, printed in the...

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