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CARDTRONICS v. ST. NICHOLAS BEVERAGE DISCOUNT CENTER, INC.

8 A.D.3d 419 (2004)

778 N.Y.S.2d 299

CARDTRONICS, LP, Respondent, v. ST. NICHOLAS BEVERAGE DISCOUNT CENTER, INC., et al., Appellants.

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

June 14, 2004.

Ordered that the judgment is affirmed, without costs or disbursements.

The plaintiff, Cardtronics, LP (hereinafter Cardtronics), mistakenly deposited funds in the amount of $298,826.10 in a bank account belonging to the defendant St. Nicholas Beverage Discount Center, Inc. (hereinafter St. Nicholas). The funds should have been deposited in a bank account belonging to United Check Cashing (hereinafter UCC). UCC expressly assigned...

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