LO MONACO v. BELFIORE


175 A.D.2d 59 (1991)

Salvatore Lo Monaco, Respondent, v. Teresa Belfiore et al., Defendants, and Dollar Dry Dock Savings Bank, Appellant

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

July 18, 1991


Defendant Teresa Belfiore gave plaintiff Salvatore Lo Monaco a power of attorney, pursuant to which Lo Monaco withdrew $20,000 from her savings account with defendant Dollar on December 5, 1988. Lo Monaco alleges the withdrawal was in repayment of a loan. Teresa Belfiore charges that the withdrawal was procured by fraud. In any event, Dollar issued to Lo Monaco a teller's check, drawn on its account with the Federal Home Loan Bank of New York. After depositing the check in...

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