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CONT'L v. SCHRODER BANK

129 Misc.2d 701 (1985)

Continental Insurance Company, as Assignee, Plaintiff, v. J. Henry Schroder Bank & Trust Company, Defendant and Third-Party Plaintiff. Schmid's Forwarding, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

September 11, 1985

Attorney(s) appearing for the Case

Toren, McGeady, Stanger, Goldberg & Kiel, P. C. (Samuel B. Mayer of counsel), for Schmid's Forwarding, Inc., third-party defendant. Hendler & Murray, P. C., for plaintiff. Wilson, Elser, Moskowitz, Edelman & Dicker for defendant and third-party plaintiff.

HAROLD BAER, JR., J.

Third-party defendant Schmid's Forwarding, Inc. (SFI) moves pursuant to CPLR 3211 (a) (7) to dismiss the third-party complaint for failure to state a cause of action.

The main action brought by the Continental Insurance Company, as SFI's assignee, seeks to recover over $80,000 in checks made payable to SFI which were presented by defendant Russell Barton and deposited by defendant J. Henry Schroder Bank & Trust Company...

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