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RUESCH INTERNATIONAL, INC. v. CITY & SUBURBAN FEDERAL SAVINGS BANK

34 A.D.3d 224 (2006)

823 N.Y.S.2d 386

RUESCH INTERNATIONAL, INC., Respondent, v. CITY & SUBURBAN FEDERAL SAVINGS BANK, Appellant.

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

Decided November 2, 2006.

This action was amenable to summary relief because plaintiff adequately established defendant's obligation to repay funds it had paid to defendant on a check dishonored by the drawee bank, and defendant's failure to make payment thereon (see DDS Partners v Celenza, 6 A.D.3d 347 [2004]). The purported defense of having processed the check in a timely fashion and in good faith (UCC 3-419...

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