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TRANSPORTATION CONSULTANTS OF AMERICA, INC. v. AMERICAN HOME ASSUR. CO.

14 A.D.3d 385 (2005)

788 N.Y.S.2d 90

TRANSPORTATION CONSULTANTS OF AMERICA, INC., Doing Business as QUALITY TRANSPORTATION, INC., Respondent-Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Appellant, and ALBIEZ INSURANCE AGENCY, INC., Respondent.

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

January 13, 2005.

The affidavit of the vice-president of Citicorp North America established that plaintiff lost a bag containing checks endorsed by the bank's customers, which had already been accepted for deposit and credited to the customer accounts, and thus were no longer negotiable instruments since the items had been transferred to Citicorp for collection (see UCC 3-104 [1] [c]; 4-105 [a], [d]). The sole reason advanced by American Home for withdrawing its defense of plaintiff...

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