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BANCO NACIONAL ULTRAMARINO v. CHAN

253 A.D.2d 682 (1998)

677 N.Y.S.2d 567

Banco Nacional Ultramarino, S. A., Appellant, v. Maria F. Chan et al., Defendants, and Moneycenter Trust Co., Ltd., et al., Respondents

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

September 22, 1998

We have previously expressed agreement with the IAS Court's conclusion that the funds at issue in this case were sufficiently identifiable to support a cause of action in favor of the plaintiff bank for conversion (Banco Nacional Ultramarino v Moneycenter Trust Co., 240 A.D.2d 253, affg for reasons stated at 169 Misc.2d 182). However, since plaintiff bank voluntarily relinquished the...

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