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BERNARDEZ v. FED. DEPOSIT INS. CORP.

104 A.D.2d 309 (1984)

Francisco F. Bernardez et al., Appellants, v. Federal Deposit Insurance Corporation, as Receiver of American Bank & Trust Company, Respondent

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

August 9, 1984

Subdivision 3 of section 625 of the Banking Law provides that an action by claimants against a receiver of a failed bank for recovery upon a nonapproved claim must be filed "[a]t the expiration of eighty days after the last date fixed by the superintendent for the presentation of claims and at any time within six months thereafter". This requirement has been construed to be a condition precedent to the institution of an action rather...

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