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SOS OIL CORP. v. NORSTAR BANK

76 N.Y.2d 561 (1990)

SOS Oil Corp., Respondent, v. Norstar Bank of Long Island, Appellant.

Court of Appeals of the State of New York.

Decided October 18, 1990.

Attorney(s) appearing for the Case

Kevin P. Simmons, Gilbert Henoch, Michele Gapinski, Nina A. Kannatt and John Biedermann for appellant.

Thomas J. Quigley and Joseph DiBenedetto for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

Defendant, Norstar Bank of Long Island, in paying a $255,000 check, erroneously debited the drawer and credited the payee (plaintiff, SOS Oil Corporation) with $25,000 instead of the face amount of the check. The bank's error went undetected for more than a year, during which time the drawer closed its account with Norstar and ceased doing business. The issue...

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