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SHIVERS v. CITIBANK, N.A.

12 A.D.3d 248 (2004)

783 N.Y.S.2d 818

FRANCIS COYOTE SHIVERS, Respondent, v. CITIBANK, N.A., Appellant. (And a Third-Party Action.)

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

November 16, 2004.

This action stems from the deposit into a joint bank account of a number of checks containing allegedly forged endorsements. Whether a bank acted in a commercially reasonable manner with respect to accepting for deposit an instrument from someone who was not the true owner (UCC 3-419 [3]) is generally a question of fact (Holland Am. Cruises v Carver Fed. Sav. & Loan Assn., 60 A.D.2d 545 [1977]). Having failed to submit any evidence...

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