URBANK v. BIG SCOTT STORES CORP.


92 A.D.2d 665 (1983)

Richard A. Urbank et al., Respondents, v. Big Scott Stores Corp., Defendant and Third-Party Plaintiff-Appellant. Bankamericard, Third-Party Defendant-Appellant

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

February 10, 1983


On October 1, 1976, plaintiff Richard A. Urbank allegedly made a purchase at the Big Scott Store using a Bankamericard credit card bearing the name James F. Steipp. Upon inquiry from the store manager, the salesman, Stewart Sparling, Jr., recalled the transaction and was able to identify plaintiff as the purchaser. Sparling, at the direction of the store manager, went to the State Police barracks where he made and signed a statement on October 2, 1976,

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