GUARDIAN INS. v. CHEM. BANK


174 Misc.2d 837 (1997)

666 N.Y.S.2d 897

Guardian Life Insurance Company of America, Plaintiff, v. Chemical Bank, Defendant.

Supreme Court, New York County.

November 18, 1997


Attorney(s) appearing for the Case

Rosner & Nocera, New York City (John A. Nocera of counsel), for defendant. Bleakley, Platt & Schmidt, White Plains (Robert D. Meade of counsel), for plaintiff.


LEWIS R. FRIEDMAN, J.

Defendant's summary judgment motion raises a serious question of the meaning of UCC 3-405 (1) (c). The operative facts are not in dispute, only their legal consequences.

This case is the outgrowth of a fraudulent scheme perpetrated by Jerome Rutberg, an insurance agent and broker, who worked with the Baer Insurance Agency in Philadelphia. Rutberg's scheme was simple. He would telephone...

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