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BANK OF N. Y. v. FLEET BANK

176 Misc.2d 21 (1998)

671 N.Y.S.2d 945

Bank of New York, Plaintiff, v. Fleet Bank, N. A., et al., Defendants.

Supreme Court, New York County.

March 10, 1998.

Attorney(s) appearing for the Case

Stein & Stein, Haverstraw, for plaintiff. Scheuermann & Davis, New York City, for Fleet Bank, N. A., defendant.

EDWARD H. LEHNER, J.

Before me is a motion by plaintiff The Bank of New York (BNY) for summary judgment as against defendant Fleet Bank, N. A. (Fleet), and a cross motion by Fleet for summary judgment dismissing the cause of action for attorneys' fees.

BACKGROUND

In June 1996, John T. Makarewicz drew a check in the amount of $26,000 on an account he maintained at BNY payable to the order of...

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