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BANK OF COMMERCE v. DESANTIS

114 Misc.2d 491 (1982)

Bank of Commerce, Plaintiff, v. Michael De Santis et al., Individually and as Copartners of De Santis and Noonan Realty Co., Defendants.

Civil Court of the City of New York, Kings County.

June 15, 1982

Attorney(s) appearing for the Case

Harry Gurahian and Robert C. Clyne for plaintiff. Solomon Cohen for Michael De Santis, defendant.

IRA B. HARKAVY, J.

A bank's right to charge back a customer's account when the bank has made provisional settlement for items that are subsequently dishonored is codified in section 4-212 of the Uniform Commercial Code. The issue before this court is the applicability of section 4-212 of the Uniform Commercial Code to accounts held in the name of a partner when the dishonored items were the subject of banking transactions conducted by one partner allegedly...

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