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CAMPBELL v. CITIBANK

302 A.D.2d 150 (2003)

755 N.Y.S.2d 367

TONIA CAMPBELL, Respondent, v. CITIBANK, N.A., Appellant.

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

January 28, 2003.

Attorney(s) appearing for the Case

Tracee E. Davis of counsel (Mark Zeichner and Michael L. Slonim on the brief; Zeichner Ellman & Krause LLP, attorneys), for appellant.

TOM, J.P., ANDRIAS, ROSENBERGER and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal, from the denial of a CPLR 3211 motion to dismiss causes of action for wrongful dishonor of a check (Uniform Commercial Code § 4-402) and failure to pay or return the check until after the midnight deadline (Uniform Commercial Code § 4-302 [a]), involves the sufficiency of such claims where, admittedly, the check was deposited on a Friday and the proceeds...

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