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BANK OF NEW YORK v. WELZ

118 Misc.2d 645 (1983)

Bank of New York, Plaintiff, v. Robert Welz et al., Defendants. Greater New York Savings Bank, Third-Party Plaintiff, v. Anne Welz, Third-Party Defendant.

Supreme Court, Special Term, New York County.

February 28, 1983

Attorney(s) appearing for the Case

Emmet, Marvin & Martin (Anne T. Schwab of counsel), for plaintiff. Ahearn & Damanti (Robert P. Carlson of counsel), for Greater New York Savings Bank, defendant and third-party plaintiff.

SEYMOUR SCHWARTZ, J.

Plaintiff, the Bank of New York (BONY), moves pursuant to CPLR 3212 for summary judgment against defendants the Greater New York Savings Bank (GNYSB) and Robert Welz. GNYSB cross-moves pursuant to CPLR 3212 for summary judgment against BONY or in the alternative for summary judgment against third-party defendant Anne Welz.

The facts are undisputed. On April 23, 1981, Anne Welz purchased a teller's check from GNYSB drawn to...

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