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FROMER v. BANCO POPULAR DE PUERTO RICO

18 A.D.3d 260 (2005)

793 N.Y.S.2d 917

HERMAN FROMER et al., Appellants, v. BANCO POPULAR DE PUERTO RICO, Defendant, and ALICE FROMER, as Executrix of HARRY FROMER, Deceased, Respondent.

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

May 10, 2005.

The trial court applied the presumption that a delivered check is considered payment for an antecedent debt (see Matter of Platner, 138 A.D.2d 490 [1988]). However, there was no check in this case, so the presumption did not apply. Nevertheless, the court's decision to award the funds in the National Sales bank account to the estate of Harry Fromer was proper since the decedent's signature appeared on the business certificate for...

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