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MORGAN v. REPUBLIC NATL. BANK

160 Misc.2d 244 (1994)

613 N.Y.S.2d 109

Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, Respondent, v. Republic National Bank of New York, Appellant, et al., Defendants.

Supreme Court, Appellate Term, First Department.

February 23, 1994

Attorney(s) appearing for the Case

Wrenn & Schmid, East Islip (James F. Murphy of counsel), for appellant. Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, New York City (Warren C. Nitti of counsel), respondent pro se.

PARNESS, J. P., MILLER and McCOOE, JJ., concur.

Per Curiam.

Order entered August 27, 1993 affirmed, with $10 costs.

We agree that the defendant depositary-collecting bank failed to demonstrate the existence of a genuine question of fact requiring a trial on the issue of the commercial reasonableness of its conduct in accepting the substantial ($150,000) two-party check over a facially irregular, forged indorsement of the plaintiff payee, a noncustomer of the...

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