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TRIFFIN v. MELLON PSFS

855 A.2d 2 (2004)

372 N.J.Super. 3

Robert J. TRIFFIN, Plaintiff-Appellant, v. MELLON PSFS, Defendant-Respondent, and Current Food Concepts BW, Inc. (d/b/a Burger King # 1082 and Burger King # 15478), Shellen S. White and Nikeya R. Howard, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 2004.

Attorney(s) appearing for the Case

Robert J. Triffin, appellant, argued the cause, pro se.

Daniel S. Bernheim, III, Philadelphia, of the Pennsylvania bar, argued the cause for respondent (Silverman, Bernheim & Vogel, attorneys; Alan M. Rosen, on the brief).

Before Judges SKILLMAN, COBURN and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

We are required to consider whether an assignee has standing to bring an action based on a bank's alleged failure to meet the "midnight deadline" regarding two checks paid by his assignor. We disagree with Triffin v. Bridge View Bank, 330 N.J.Super. 473, 750 A.2d 136 (App.Div.2000), and conclude that such an assignee is...

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