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LOR-MAR/TOTO, INC. v. 1ST CONST. BANK

871 A.2d 110 (2005)

376 N.J. Super. 520

LOR-MAR/TOTO, INC., Plaintiff-Respondent, v. 1ST CONSTITUTION BANK, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 2005.

Attorney(s) appearing for the Case

Gregg S. Sodini, Iselin, argued the cause for appellant (Sodini & Spina, attorneys; Mr. Sodini and Syreeta L. Carrington, on the brief).

Marco Benucci, Warren, argued the cause for respondent (Richard M. Sasso, attorney; Mr. Sasso, on the brief).

Before Judges NEWMAN, AXELRAD, and HOLSTON, JR.

The opinion of the court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

This appeal involves the liability of a bank to its customer for paying on forged checks chargeable to the customer's account. The bank argued it was not liable for honoring the checks because they contained a facsimile signature resembling the specimen on file, which signature was binding on its customer. The court concluded, in the absence of the customer's negligence and where...

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