A.K.S. Jewelry Manufacturing Corp. v. Doras Distributor, Inc.

210 A.D.2d 35, 619 N.Y.S.2d 270, 1994 N.Y. App. Div. LEXIS 12370

Opinion

—Judgment, Supreme Court, New York County (Andrew Ryan, Jr., J.), entered November 1, 1993, which, after a nonjury trial, awarded plaintiff the total sum of $134,139.50, unanimously affirmed, with costs.

Defendant payor bank received the subject check from the depositary bank, but did not act on it within the time required by UCC 4-302. Accordingly, the delay was tantamount to final payment of the check (see, SOS Oil Corp. v Norstar Bank, 76 NY2d 561, 567) and defendant is liable. That plaintiff may also have a cause of action against the collecting bank for the alleged improper debiting of plaintiff’s account is of no avail to defendant (see, e.g., Corsica Livestock Sales v Sumitomo Bank, 726 F2d 374). Concur—Murphy, P. J., Sullivan, Kupferman, Asch and Tom, JJ.