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PTA v. MFRS. HANOVER TRUST

138 Misc.2d 289 (1988)

Parent Teacher Association, Public School 72, Plaintiff, v. Manufacturers Hanover Trust Company, Defendant and Third-Party Plaintiff. Lee J. Messina et al., Third-Party Defendants.

Civil Court of the City of New York, Bronx County.

January 14, 1988

Attorney(s) appearing for the Case

Robert M. Rosenblith and Robin J. Arzt for defendant. Fiorie & Vignola (Daniel N. Fiorie of counsel), for plaintiff.

MICHAEL D. STALLMAN, J.

In this wrongful payment action, defendant bank seeks summary judgment based on the depositor's agreement. The following question is presented: Does a drawee bank's negligent payment of a check over an obviously missing drawer's signature relieve a drawer depositor of its duty to promptly notify the bank and commence suit during the periods provided by the account agreement?

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