FIREMAN'S FUND v. BANK OF NY.


146 A.D.2d 95 (1989)

Fireman's Fund Insurance Company, Respondent, v. Bank of New York, Appellant

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

March 30, 1989.


Attorney(s) appearing for the Case

Robert G. Post of counsel (Hendler, Murray & Mait, P. C., attorneys), for respondent.

Anne T. Schwab of counsel (Emmet, Marvin & Martin, attorneys), for appellant.

SULLIVAN, J. P., ROSS, KASSAL and ELLERIN, JJ., concur.


MILONAS, J.

Plaintiff-respondent Fireman's Fund Insurance Company, as insurer and assignee of Actors Equity, commenced this action to recover $100,000 from defendant-appellant The Bank of New York for allegedly making improper payment on four checks, each in the amount of $25,000. Actors Equity is an organization that represents some 37,000 stage actors and actresses. In December of 1982, its comptroller of 15...

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