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SAVEMART v. BOWERY SAV.

111 Misc.2d 1071 (1982)

Savemart, Inc., Plaintiff, v. Bowery Savings Bank, Defendant.

Civil Court of the City of New York, Special Term, Bronx County.

January 4, 1982

Attorney(s) appearing for the Case

Michael Cook for plaintiff. Cadwalader, Wickersham & Taft for defendant.

EDWARD H. LEHNER, J.

Plaintiff instituted this action by moving for summary judgment pursuant to CPLR 3213 to recover on a teller's check of the defendant dated October 9, 1980 payable to the plaintiff, payment on which had been stopped by defendant. Defendant has cross-moved for summary judgment.

A customer of plaintiff purchased a television set to be delivered to his home. The policy of plaintiff was stated to be that on a delivery a truck...

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