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J. SUSSMAN, INC. v. MFRS. HANOVER TRUST CO.

140 A.D.2d 668 (1988)

J. Sussman, Inc., Appellant, v. Manufacturers Hanover Trust Company, Respondent

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

May 31, 1988

Ordered that the order is affirmed, with costs.

The record amply demonstrates that the plaintiff failed to timely notify the defendant in writing of the alleged forgeries as required by the agreement of the parties and by Uniform Commercial Code § 4-406 (1) and (2); hence, the plaintiff cannot prevail in the instant action. Moreover, the plaintiff cannot avoid this result by alleging in conclusory fashion that the...

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