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35 CITY ISLAND, LLC v. BANCO POPULAR

51 A.D.3d 504 (2008)

858 N.Y.S.2d 130

35 CITY ISLAND, LLC, Respondent, v. BANCO POPULAR, Appellant, and NORTH FORK BANK, Respondent, et al., Defendants.

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

Decided May 13, 2008.

The subject check was made payable to "VeraWestin Restaurant Corp. dba Neptune Inn & 35 City Island Avenue LLC." The check was endorsed and deposited with appellant by a principal of VeraWestin, who absconded. The motion court correctly held that the check was a two-party check that required the endorsement of plaintiff as well as VeraWestin (UCC 3-116 [b]). We reject appellant's argument that the ampersand equally joined Neptune Inn and 35 City Island, LLC as one entity...

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