MASSELLI v. DIME SAV. BANK OF NEW YORK


202 A.D.2d 303 (1994)

610 N.Y.S.2d 768

Sandy Masselli, Jr., Respondent, v. Dime Savings Bank of New York, Appellant

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

March 17, 1994


The IAS Court properly determined that the plaintiff's letter of January 31, 1991 constituted proper notice of a change of address to which all future notices had to be sent by the defendant. In view of plaintiff's unrebutted testimony of actual mailing and defendant's offer of only general office procedures, the presumption of receipt arising from mailing was properly applied (see, Engel v Lichterman, 62 N.Y.2d 943). Accordingly...

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