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ALADDIN DEVELOPMENT & CONSTRUCTION CO., INC. v. FLEET BANK OF NEW YORK, N. A.

262 A.D.2d 999 (1999)

691 N.Y.S.2d 371

ALADDIN DEVELOPMENT & CONSTRUCTION CO., INC., Respondent-Appellant, v. FLEET BANK OF NEW YORK, N. A., Appellant-Respondent.

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

Decided June 18, 1999.

Order unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Howe, J.). We add only that the issue of fact whether plaintiff had constructive possession of the checks precludes summary judgment on both the conversion and the breach of contract causes of action (see, State of New York v Barclays Bank, 76 N.Y.2d 533

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