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B.D.G.S., INC. v. BALIO

8 N.Y.3d 106 (2006)

861 N.E.2d 813

829 N.Y.S.2d 449

B.D.G.S., INC., Respondent, v. ANTHONY BALIO et al., Defendants, and SAVINGS BANK OF UTICA, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 2006.

Attorney(s) appearing for the Case

Getnick Livingston Atkinson Gigliotti & Priore, LLP, Utica (Janet M. Richmond and Patrick G. Radel of counsel), for appellant.

Mackenzie Hughes, L.L.P., Syracuse (Nancy L. Pontius of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

CIPARICK, J.

The primary issue presented by this appeal is whether defendant Savings Bank of Utica's (SBU) actions conformed to reasonable commercial standards as a matter of law under Uniform Commercial Code § 3-419 (3) when it complied with restrictive indorsements on checks submitted for deposit. SBU also asserts that any liability under section 3-419 (3) should be limited to the...

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