SADERAT IRAN v. OMEGA INDUSTRIES, INC.


265 A.D.2d 262 (1999)

697 N.Y.S.2d 275

BANK SADERAT IRAN, Respondent, v. OMEGA INDUSTRIES, INC., Appellant.

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

Decided October 28, 1999.


The record, including, in particular, the promissory note that defendant gave plaintiff, supports the trial court's finding that defendant authorized an overdraft on its account to cover an obligation properly payable from that account (UCC 4-401 [1]), waiving an earlier injunction prohibiting plaintiff from charging such account to pay such obligation. There was no prejudice to defendant resulting from the grant of plaintiff's motion to conform the pleadings to the proof...

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