HATZLACHH SUPPLY CO., INC. v. BANK OF AM. NEW YORK


188 A.D.2d 298 (1992)

Hatzlachh Supply Company, Inc., Respondent, v. Bank of America New York, Also Known as Bankamerica International, Appellant

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

December 3, 1992


The IAS Court properly held that there were no material issues of fact to warrant a trial in this case. Plaintiff submitted its president's affidavit and defendant's collection order which established that defendant improperly authorized the release of documents of title and goods in violation of plaintiff's instructions. In contrast, defendant's opposition — alleging that the underlying sale was consummated in furtherance of a fraudulent scheme — was solely...

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