GARAGE MANAGEMENT CORP. v. CHASE MANHATTAN BANK


22 A.D.3d 432 (2005)

803 N.Y.S.2d 60

GARAGE MANAGEMENT CORP., Appellant, v. CHASE MANHATTAN BANK, Respondent.

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

October 27, 2005.


Plaintiff alleges breach of contract of deposit by virtue of unauthorized payment of checks, specifically that the bank paid on checks bearing only a facsimile signature placed upon them by plaintiff's dishonest controller as part of an embezzlement scheme.

The court properly held that recovery for payment on most of the checks comprising plaintiff's claim is time-barred since any disputed checks bearing the alleged unauthorized signature were returned to plaintiff...

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