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MRF RES. LTD. v. MERCHS. BANK OF NEW YORK

222 A.D.2d 355 (1995)

636 N.Y.S.2d 26

Mrf Resources Ltd., Plaintiff, v. Merchants Bank of New York, Defendant and Third-Party Plaintiff-Appellant. Galit Diamond, Inc., Third-Party Defendant-Respondent

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

December 28, 1995

On May 20, 1993, defendant bank certified a check purportedly drawn on plaintiff's account, to the order of third-party defendant, in the amount of $58,958. Both customers maintained their accounts at the branch where the certification and deposit of the check were effected. When plaintiff learned of this debit against its account, it protested payment of the check as a forgery. In order to investigate this matter, defendant placed...

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