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MOORE v. RICHMOND HILL SAV.

117 A.D.2d 27 (1986)

Josephine Moore, Appellant, v. Richmond Hill Savings Bank, Respondent, et al., Defendant

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

April 28, 1986

Attorney(s) appearing for the Case

Miller & Fink, P. C. (Stephen David Fink of counsel), for appellant.

Ralph M. Elbaum for respondent.

GIBBONS, J. P., NIEHOFF and RUBIN, JJ., concur.

KUNZEMAN, J.

The main issue presented by this appeal is whether a "depositary" or "collecting" bank is liable for conversion pursuant to UCC 3-419 (1) (c) and in a common-law action for moneys had and received when it has paid out funds on a forged indorsement on a stolen check or draft. We agree with both the Appellate Term and the Civil Court that, in this case, the defendant Richmond Hill Savings Bank (hereinafter...

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