FIREMAN'S INS v. WESTMINSTER


144 Misc.2d 468 (1989)

Fireman's Fund Insurance Company, Plaintiff, v. National Westminster Bank U.S.A., Formerly Known as National Bank of North America, Defendant.

Supreme Court, Kings County.

October 5, 1988


Attorney(s) appearing for the Case

Hendle, Murray & Mait, P. C., for plaintiff. Leon P. Ciferni for defendant.


FRANK VACCARO, J.

This is an action to recover $108,500, the face amount of a check allegedly improperly paid by defendant bank, plus interest. Plaintiff moves pursuant to CPLR 3211 (b) to strike the sixth, seventh and ninth affirmative defenses set forth in defendant's amended answer, which assert, respectively, that plaintiff's complaint is barred by UCC 3-406, 4-406, and the one-year "Statute of Limitations...

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