HERZOG, ENGSTROM & KOPLOVITZ v. UNION NAT'L BANK


226 A.D.2d 1004 (1996)

640 N.Y.S.2d 703

Herzog, Engstrom & Koplovitz, P. C., Respondent, v. Union National Bank, Appellant

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

April 18, 1996


White, J.

The complaint in this action alleges that, between December 11, 1990 and March 4, 1991, defendant negligently paid checks drawn on plaintiff's checking account with defendant over a forged drawer's signature. Following some discovery, defendant moved for summary judgment dismissing the complaint on the ground plaintiff had not complied with certain "rules and regulations" (hereinafter rules) governing the account. Supreme Court denied the motion...

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