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JACOBS v. CITIBANK

61 N.Y.2d 869 (1984)

Howard L. Jacobs, P. C., et al., Appellants, v. Citibank, N. A., Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Lester L. Levy and Rosa Borenstein for appellants.

Donald L. Cuneo, Henry Weisburg and Cole R. Capener for respondent.

Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Chief Judge COOKE dissents in part and votes to modify in an opinion; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiffs issued checks on their own accounts which were returned for insufficient funds and also deposited third-party checks to their accounts which were dishonored by the drawee bank because of insufficient funds of the drawer. Pursuant to agreements entered into by plaintiffs when they opened their accounts, charges were imposed upon...

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