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BANCO DI ROMA v. MERCHANTS

92 A.D.2d 42 (1983)

Banco Di Roma, Respondent, v. Merchants Bank of New York, Appellant

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

March 1, 1983

Attorney(s) appearing for the Case

Ronald H. Alenstein of counsel (Fran M. Jacobs and Peter C. Neger with him on the brief; Shea & Gould, attorneys), for appellant.

Frank O. Fredericks of counsel (David B. Julie with him on the brief; Frank & Fredericks, attorneys), for respondent.

SULLIVAN, J. P., ROSS, CARRO, FEIN and LYNCH, JJ., concur.

Per Curiam.

The plaintiff has recovered, exclusive of interest, a summary judgment, by motion in lieu of a complaint, for $844,000, the amount of cashier's checks issued by the defendant on October 27 and 28, 1981 in favor of two corporations the accounts of which, at the plaintiff and the defendant banks, were controlled by Samuel Behar. Opposing summary judgment, the defendant contended that the cashier's checks...

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