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WASHINGTON SAV. BANK v. FIRST FIDELITY BANK

268 N.J. Super. 597 (1993)

634 A.2d 149

WASHINGTON SAVINGS BANK, PLAINTIFF-APPELLANT, v. FIRST FIDELITY BANK, N.A., DEFENDANT-RESPONDENT, AND ESTELA TARDY A/K/A ESTELA PLAZA, ALFONSO TARDY, NEW JERSEY AND NATIONAL WESTMINISTER BANK, N.A., AND MICHAEL J. SCHNAPPAUF, SHARA PLAZA, DRYDEN ALBERTO ARROYO, ELSA GARCIA A/K/A ELSA MINO, ONOFRIO PELLEGRINI AND TURI REALTY, INC., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1993.

Attorney(s) appearing for the Case

Carl E. Klotz argued the cause for appellant (Klotz & McCann, attorneys; Mr. Klotz, on the brief).

Marc S. Klein argued the cause for respondent First Fidelity Bank, N.A. (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Steven S. Radin, of counsel; Mark E. Duckstein, on the brief).

Before Judges J.H. COLEMAN and THOMAS.

The opinion of the court was delivered by COLEMAN, P.J.A.D.

This is an appeal by plaintiff from a summary judgment dismissing Count Ten of its Verified Complaint which asserted claims of negligence and breach of warranty against defendant First Fidelity Bank, N.A. (defendant), in connection with its conduct as collecting bank on six checks.

Plaintiff was the drawer and drawee of all checks involved as well as the employer of Estela Tardy who worked in the...

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