29TH STREET CORP. v. NEW YORK COMMUNITY BANK


2 A.D.3d 838 (2003)

769 N.Y.S.2d 734

29TH STREET CORP., Appellant, v. NEW YORK COMMUNITY BANK, Respondent.

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

December 29, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

A management company employee responsible for collecting rent payments from tenants of the plaintiff, 29th Street Corp., stole a portion of those payments by opening a checking account under the name "29th Street Company" at the defendant bank, depositing rent checks into that account, and withdrawing the proceeds. The defendant bank, which had no relationship with the plaintiff, established...

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