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BANK OF CASTILE v. SALERNO

99 A.D.2d 663 (1984)

Bank of Castile, Respondent, v. George N. Salerno et al., Appellants, et al., Defendant. (Appeal No. 1.)

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

January 27, 1984

Judgment unanimously modified and, as modified, affirmed, with costs to defendants Swearingen, in accordance with the following memorandum:

After a Bench trial the court found that the Bank of Castile (Bank) was a holder in due course of two checks issued by defendants LaSalle and Wolcott for merchandise which they purchased at a public auction held by defendants James and Nancy Swearingen and conducted by defendant Ketchum, an auctioneer (Uniform Commercial Code...

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