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DIST. LABEL PRODUCTS, INC. v. FLEET NAT. BANK

950 A.2d 939 (2008)

401 N.J. Super. 345

DISTRIBUTOR LABEL PRODUCTS, INC. d/b/a Certified Data Products, Plaintiff-Appellant, v. FLEET NATIONAL BANK, as successor in interest to Summit Bank, Michael Alessandrini, Individually, and d/b/a Dynamic Data Solutions, Madelyn M. Alessandrini, Clifford Snow, Complete Personnel Services, Inc., Mintz Rosenfeld & Company, LLC, Michael Gould, C.P.A., Prudential Bank, Defendants, and PNC Bank, Defendant-Respondent. Mintz Rosenfeld & Company, LLC, and Michael Gould, Defendants/Third-Party Plaintiffs, v. Robert R. Ricciardi, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2008.

Attorney(s) appearing for the Case

John J. Petriello, Newark, argued the cause for appellant (Levy, Ehrlich & Petriello, attorneys; Mr. Petriello, on the brief).

Gregg S. Sodini, Edison, argued the cause for respondent (Sodini & Spina, L.L.C., attorneys; Mr. Sodini, on the brief).

Before Judges COBURN, GRALL and CHAMBERS.

The opinion of the court was delivered by

CHAMBERS, J.A.D.

Plaintiff Distributor Label Products appeals from the order of January 19, 2007, granting summary judgment in favor of defendant PNC Bank. Plaintiff seeks to hold PNC Bank liable for checks drawn on plaintiff's account with PNC Bank and thereafter fraudulently indorsed. Plaintiff's failure to exercise ordinary care, however, led to the fraudulent indorsements. This failure bars its claim against PNC...

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