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BBB ENVTL. MGMT. CORP. v. LIBERTY NORSTAR BANK

122 A.D.2d 616 (1986)

Bbb Environmental Management Corp., Also Known as Environmental Management Corp., Appellant, v. Liberty Norstar Bank, N. A., Also Known as Liberty National Bank, Respondent

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

July 11, 1986

Order and judgment unanimously affirmed, with costs.

Memorandum:

We agree that plaintiff's complaint is time barred and fails to state a cause of action for the reasons stated in the comprehensive decision at Special Term, save one. Although plaintiff may have been negligent in failing to discover alleged irregularities in the bank statements and canceled checks enclosed therein, on this record we cannot conclude, as a matter of law, that plaintiff was negligent...

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