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ITALIA IMPS., INC. v. WEISBERG & LESK

210 A.D.2d 23 (1994)

618 N.Y.S.2d 805

Italia Imports, Inc., et al., Appellants, v. Weisberg and Lesk et al., Defendants, and American Express Travel Related Services Company, Inc., et al., Respondents. (And Third-Party Actions.)

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

December 1, 1994

Defendant American Express took plaintiffs' checks, which had been misdirected by a faithless employee to make payments on her daughter's private credit card account, as a holder in due course, free of any claims others may have had on it (UCC 3-305), since it was without notice as to those claims (UCC 3-302 [1] [c]). Plaintiffs offer no evidence that American Express had actual notice, and their argument that American Express had...

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