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GINO'S OF CAPRI v. CHEM. BANK

187 A.D.2d 71 (1993)

Gino's of Capri, Inc., Appellant, v. Chemical Bank (N.A.), Respondent

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

January 12, 1993

Attorney(s) appearing for the Case

Howard G. Seitz of counsel (O'Connor, Murphy, Ryan & Seitz, attorneys), for appellant.

Laura Proske O'Hara of counsel (Eileen J. Berkman with her on the brief, attorneys), for respondent.

CARRO, WALLACH, KUPFERMAN and KASSAL, JJ., concur.

SULLIVAN, J. P.

Plaintiff Gino's of Capri, Inc. maintained a bank account at Chemical Bank (N.A.) for the payment of employees' Federal withholding taxes. During the period from January 1, 1986 through April 30, 1990, Joseph Costello, Gino's independent accountant, prepared a number of corporate checks made payable to Chemical Bank, which Gino's president or other authorized...

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