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SEAMAN CORP v. BINGHAMTON SAV

220 A.D.2d 62 (1996)

643 N.Y.S.2d 767

Seaman Corporation, Appellant-Respondent, v. Binghamton Savings Bank, Respondent, and IBM Endicott/Owego Employees Federal Credit Union, Respondent-Appellant

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

June 13, 1996

Attorney(s) appearing for the Case

Coughlin & Gerhart, Binghamton (Paul J. Sweeney of counsel), for appellant-respondent.

Hinman, Howard & Kattell, Binghamton (James M. Hayes of counsel), for respondent.

Aswad & Ingraham, Binghamton (William M. Thomas of counsel), for respondent-appellant.

CARDONA, P. J., MIKOLL, CREW III and CASEY, JJ., concur.

YESAWICH JR., J.

Pursuant to a "joint check and payment agreement" entered into by defendant IBM Endicott/Owego Employees Federal Credit Union (hereinafter IBM-CU), plaintiff and Prodec Roofing & Insulation Systems, IBM-CU issued its own check in the amount of $36,629.80 payable to plaintiff and Prodec, as joint payees, for roofing work. Prodec endorsed the check and presented it to defendant Binghamton Savings...

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