Thomas A. Hanna et al., Respondents-Appellants,
v.
First National Bank of Rochester et al., Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
December 23, 1994
December 23, 1994
Attorney(s) appearing for the Case
Lacy, Katzen, Ryen & Mittleman, Rochester (Sally A. Smith and Leslie W. Kernan, Jr., of counsel), for First National Bank of Rochester, appellant-respondent.
Harris, Beach & Wilcox, Rochester (Jeffrey W. Baker and Douglas Foss of counsel), for Fleet Bank of New York, appellant-respondent.
Sean T. Hanna, Webster, for respondents-appellants.
GREEN, J. P., BALIO, CALLAHAN and BOEHM, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
PINE, J.
This appeal raises two issues of first impression for this Court involving the respective rights and duties of a payor bank, a depositary bank, and a payee of a demand item under the Uniform Commercial Code. The first issue involves the effect of a payor bank's failure to meet the first of two midnight time limits in UCC 4-302 (a) when that bank timely returns...
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