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DAVIS AUCTION HOUSE, INC. v. ONTARIO NAT'L BANK

201 A.D.2d 878 (1994)

609 N.Y.S.2d 707

Davis Auction House, Inc., Respondent, v. Ontario National Bank, Appellant and Third-Party Plaintiff, et al., Third-Party Defendant and Fourth-Party Plaintiff, et al., Fourth-Party Defendant. (Appeal No. 1.)

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

February 4, 1994

Judgment unanimously reversed on the law without costs and complaint dismissed.

Memorandum:

Plaintiff Davis Auction House, Inc., the drawer of a check for $13,000 on its account with defendant, Ontario National Bank (ONB), commenced this action to hold ONB liable for negligence in paying the check despite the fact that it had been altered. Fourth-party defendant, Art Investment Corporation (AIC), the payee, had altered...

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