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BANCO DI ROMA v. MERCHS. BANK OF NEW YORK

251 A.D.2d 139 (1998)

674 N.Y.S.2d 317

Banco Di Roma, Respondent, v. Merchants Bank of New York, Appellant

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

June 16, 1998

As was implicitly recognized by this Court in 1983 (see, Banco Di Roma v Merchants Bank, 92 A.D.2d 42), holder in due course status will be denied to a bank that takes a cashier's check with notice of fraud by another (see, Turbine Fed. Credit Union v Amsterdam Fed. Sav. & Loan Assn., 224 A.D.2d 753, 754). Here, however, summary judgment was properly granted to plaintiff...

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