HEFFERNAN v. NORSTAR BANK OF UPSTATE NEW YORK


125 A.D.2d 887 (1986)

Paulette M. Heffernan et al., Appellants, v. Norstar Bank of Upstate New York, as Successor to Mohawk National Bank, Respondent

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

December 31, 1986


Levine, J.

Plaintiff Thomas M. Heffernan, Sr., was the payee on a check drawn by Empire Management Company XII (Empire Management) on its account with Northeast Savings Bank. Shortly after the check was drawn, it came into the possession of Daniel Prewett, plaintiffs' financial advisor, who indorsed the check "pay to the order of Empire Software Systems, by Thomas Heffernan, by Daniel Prewett" and deposited...

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