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SONENBERG v. MARINE MIDLAND BANK

201 A.D.2d 329 (1994)

607 N.Y.S.2d 635

David A. Sonenberg, Appellant, v. Marine Midland Bank, N. A., Respondent

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

February 10, 1994

The IAS Court properly determined that the plaintiff had not suffered any loss recoverable from defendant Marine Midland Bank inasmuch as the $20,000 check which was improperly encoded for $2,000 by the depository bank, Marine Midland, would nevertheless not have been paid by the payor bank, Rainier National Bank, because of insufficient funds, since, pursuant to UCC 4-103 (5), the measure of damages for Marine Midland's failure...

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