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BEGG & DAIGLE v. CHEM. BANK

152 Misc.2d 248 (1991)

Begg & Daigle, Inc., Plaintiff, v. Chemical Bank, Defendant and Third-Party Plaintiff. Newwall Interior Partitions, Inc., Third-Party Defendant.

Supreme Court, New York County.

September 10, 1991

Attorney(s) appearing for the Case

Whitman & Ranson for defendant and third-party plaintiff. Alyssa Walden for plaintiff.

SHIRLEY FINGERHOOD, J.

The question raised by the parties' motion and cross motion for summary judgment pursuant to CPLR 3212 is whether UCC 4-403 (3) requires a bank customer whose check has been honored in violation of a stop order to minimize damages.

Plaintiff, a general contractor, brought the action against defendant bank because it did not honor a valid stop-payment order on a check in the amount...

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