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FARBER v. NAT'L WESTMINSTER BANK USA

229 A.D.2d 562 (1996)

645 N.Y.S.2d 870

Nadia Farber et al., Respondents, v. National Westminster Bank USA, Appellant. (Action No. 1.) National Westminster Bank USA, Appellant, v. Nadia Farber, Respondent, et al., Defendants. (Action No. 2.)

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

July 29, 1996

Ordered that the order is affirmed, with one bill of costs.

National Westminster Bank USA (hereinafter NatWest) has failed to establish its entitlement to judgment as a matter of law dismissing the plaintiff Nadia Farber's claims with regard to the recovery of proceeds on forged checks written on Farber's home equity credit line (hereinafter HECL) account in Action No. 1. Contrary to NatWest's contentions, where both a bank and a bank customer are negligent in failing...

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