MERRILL LYNCH v. CHEM.


57 N.Y.2d 439 (1982)

Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Respondent, v. Chemical Bank, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 18, 1982.


Attorney(s) appearing for the Case

Harold Weisblatt, John B. Wynne and Kenneth J. Kelly for appellant.

Roger J. Hawke for respondent.

Judges JASEN, GABRIELLI, JONES and MEYER concur with Judge FUCHSBERG; Chief Judge COOKE concurs in a separate opinion in which Judge WACHTLER concurs.


FUCHSBERG, J.

This appeal requires us to explore the extent to which, if at all, immunity from liability accorded a drawee bank by section 3-405 (subd [1], par [c]) of the Uniform Commercial Code may be limited by the drawee's negligence in paying checks over forged indorsements.

The section at issue, commonly referred to in commercial circles as either the "fictitious payee" or "padded payroll" rule...

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