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


81 N.Y.2d 1031 (1993)

616 N.E.2d 847

600 N.Y.S.2d 190

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

Court of Appeals of the State of New York.

Decided June 8, 1993.


Attorney(s) appearing for the Case

Manuel & McKinney, New York City (Charles B. Manuel, Jr., of counsel), for appellant.

Mallow, Konstam, Hager & Fischer, New York City (Leslie A. Hess of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division properly concluded that plaintiff was entitled to summary judgment. In its motion for summary judgment, plaintiff established that defendant improperly allowed release of the title to the purchased goods and that plaintiff was damaged in the amount of $161,078.58. The uncontroverted proof showed that plaintiff delivered...

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