FIVE TOWNS COLL. v. CITIBANK


108 A.D.2d 420 (1985)

Five Towns College, Appellant, v. Citibank, N. A., Respondent

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

May 20, 1985


Attorney(s) appearing for the Case

Ira H. Leibowitz, Lasky & Peterson (Robert M. Levine of counsel), for appellant.

Bigham Englar Jones & Houston (Peter Broeman of counsel), for respondent.

TITONE, J. P., MANGANO and O'CONNOR, JJ., concur.


GIBBONS, J.

The issues raised on this appeal concern the propriety of Special Term's refusal to grant plaintiff partial summary judgment in its action to recover damages arising out of defendant's alleged improper payment of a series of checks bearing forged drawers' signatures, and its further decision to allow the defendant to amend its answer in order to assert, in effect, plaintiff's contributory negligence...

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