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SMITH, INC. v. MERRILL LYNCH

129 A.D.2d 397 (1987)

Leonard Smith, Inc., et al., Plaintiffs, v. Merrill Lynch, Pierce, Fenner and Smith, Defendant, and Chase Manhattan Bank, N. A., Respondent, and Marine Midland Bank, N. A., Appellant

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

July 16, 1987

Attorney(s) appearing for the Case

Noonan, Troue, Gutermuth & O'Connor (Robert J. Rock of counsel), for appellant.

Lee & LeForestier, P. C. (Jill Nagy of counsel), for respondent.

MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

MAIN, J. P.

The facts giving rise to this action, commenced by plaintiffs to recover for the wrongful payment of a negotiable instrument which contained a forged payee indorsement, are set forth in our previous decisions in this matter (107 A.D.2d 902; 113 A.D.2d 387, appeals dismissed 67 N.Y.2d 755

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