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CITI STRUCTURE, LLC v. CAPITAL ONE BANK, N.A.

650953/15, 8582, 8581.

170 A.D.3d 414 (2019)

95 N.Y.S.3d 177

2019 NY Slip Op 01522

Citi Structure, LLC, Appellant, v. Capital One Bank, N.A., Defendant, and Wells Fargo Bank, N.A., Respondent.

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

Decided March 5, 2019.

Defendant did not violate the New Jersey Uniform Commercial Code (NJ Stat Ann § 12A:3-110) by transferring funds from accounts on which checks were written payable to "York & Fortune Construction Group" to Fortune Construction Group only, without an endorsement by York International Corp., the second intended payee. The statute provides, in pertinent part, "If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively...

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