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ONEWEST BANK v. DEUTSCHE BANK

306119/11.

186 A.D.3d 92 (2020)

127 N.Y.S.3d 97

2020 NY Slip Op 03483

ONEWEST BANK, FSB, Respondent, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Asset-Backed Pass-Through Certificates, Series 2003-W3, et al., Defendants, and SIGNATURE BANK, Appellant/Third-Party Plaintiff-Appellant. JPMORGAN CHASE BANK, N.A., Third-Party Defendant-Respondent.

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

Decided June 18, 2020.

Attorney(s) appearing for the Case

Meyner and Landis LLP, New York City ( David B. Grantz of counsel), for appellant.

Butler, Fitzgerald, Fiveson & McCarthy, New York City ( David K. Fiveson and Mark J. Krueger of counsel), for OneWest Bank, FSB, respondent.

Zeichner Ellman & Krause LLP, New York City ( Ronald M. Neumann and Mark Zeichner of counsel), for JPMorgan Chase Bank, N.A., respondent.

RENWICK, OING and SINGH, JJ., concur.

OPINION OF THE COURT

This appeal arises from a somewhat anomalous situation in which a bank (defendant/third-party plaintiff Signature Bank) sold its customer an "official check" that was drawn on a second bank (third-party defendant JPMorgan Chase Bank, N.A.).1

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