INTERBANK OF NY v. FLEET BANK


4 Misc.3d 52 (2004)

781 N.Y.S.2d 393

INTERBANK OF NEW YORK, Appellant, v. FLEET BANK, Respondent, et al., Defendants.

Supreme Court, Appellate Term, First Department.

March 23, 2004.


Attorney(s) appearing for the Case

Carb, Luria, Cook & Kufeld LLP, New York City (Joel S. Stern of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains (Constantine A. Despotakis and Michael L. Saltzman of counsel), for respondent.

SUAREZ, P.J., DAVIS and GANGEL-JACOB, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order entered July 17, 2001 affirmed, with $10 costs.

The action was properly dismissed since plaintiff Interbank of New York, having made payment on the fraudulently issued demand drafts or "telechecks" drawn on its customer's account, is accountable for the amount of the instruments and may not seek recoupment against the defendant depositary bank in the absence of a showing that the latter breached its warranty...

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