MATTER OF ESTATE OF PICKARD


97 A.D.2d 61 (1983)

In the Matter of The Estate of Floyd C. Pickard, Deceased, Appellant. Manufacturers and Traders Trust Company, Respondent

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

November 4, 1983


Attorney(s) appearing for the Case

Fagan & Sheffield (Charles Fagan of counsel), for appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Robert W. Keller of counsel), for respondent.

DENMAN, BOOMER, GREEN and O'DONNELL, JJ., concur.


HANCOCK, JR., J. P.

Section 3-407 (subd [2], par [a]) of the Uniform Commercial Code provides that, as against anyone other than a subsequent holder in due course, a fraudulent and material alteration of an instrument by a holder "discharges any party whose contract is thereby changed unless that party assents or is precluded from asserting the defense". Paragraph (b) of subdivision (2) of that section provides that "no other alteration discharges any...

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