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MERRILL LYNCH, ET AL. v. NCNB NAT. BANK OF N.C.

No. 87 Civ 6719 (LBS).

695 F.Supp. 162 (1988)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiff, v. NCNB NATIONAL BANK OF NORTH CAROLINA, Defendant. NCNB NATIONAL BANK OF NORTH CAROLINA, Third-Party Plaintiff, v. The BANK OF NEW YORK, Third-Party Defendant.

United States District Court, S.D. New York.

September 16, 1988.

Attorney(s) appearing for the Case

Abrams & Thaw, Farmingdale, N.Y., Thomas J. Mullaney, of counsel, for plaintiff.

Willkie Farr & Gallagher, New York City, Anthony F. Phillips, Mitchell J. Auslander, of counsel, for defendant and third-party plaintiff.

Michael P. Amodio, New York City, Ruth Simon, of counsel, for third-party defendant.

OPINION

SAND, District Judge.

This is a diversity action brought by plaintiff, ("Merrill Lynch"), against the defendant, ("NCNB"), the payor or drawee bank, for the alleged unauthorized payment of a check drawn on plaintiff's account. Defendant NCNB has brought a third-party claim against The Bank of New York (sometimes referred to as "BNY"), the depository and collecting bank, for indemnification because of BNY's guarantees as to the validity of all endorsements...

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