Global Cosmetics International Ltd. v. Chemical Bank

Appellate Division of the Supreme Court of New York

Global Cosmetics International Ltd. v. Chemical Bank

173 A.D.2d 592, 571 N.Y.S.2d 997, 1991 N.Y. App. Div. LEXIS 8224

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 20, 1991

StatusPublished

This text of 173 A.D.2d 592 (Global Cosmetics International Ltd. v. Chemical Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Global Cosmetics International Ltd. v. Chemical Bank, 173 A.D.2d 592, 571 N.Y.S.2d 997, 1991 N.Y. App. Div. LEXIS 8224 (N.Y. Ct. App. 1991).

Pincite

Opinion

In an action to recover damages for failure to give timely notice of the loss of a deposited check, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Christ, J.), entered February 2, 1990, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Upon a review of the record, it is evident that material issues of fact exist, including, but not limited to, whether the defendant notified the plaintiff of the loss of the check within a "reasonable time” as required by UCC 4-202 (1) (e) (see, CPLR 3212 [b]; cf., Whitehall Packing Co. v First Natl. City Bank, 55 AD2d 675). We also note the need for the plaintiff to more conclusively demonstrate a causal link between the defendant’s alleged failure to give timely notice of the check’s loss and the plaintiff’s inability to collect on the instrument due to the maker’s subsequent bankruptcy. Kooper, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.

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In an action to recover damages for failure to give timely notice of the loss of a deposited check, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Christ, J.), entered February 2, 1990, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Upon a review of the record, it is evident that material issues of fact exist, including, but not limited to, whether the defendant notified the plaintiff of the loss of the check within a "reasonable time” as required by UCC 4-202 (1) (e) (see, CPLR 3212 [b]; cf., Whitehall Packing Co. v First Natl. City Bank, 55 AD2d 675). We also note the need for the plaintiff to more conclusively demonstrate a causal link between the defendant’s alleged failure to give timely notice of the check’s loss and the plaintiff’s inability to collect on the instrument due to the maker’s subsequent bankruptcy. Kooper, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.

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Bluebook (online)

173 A.D.2d 592, 571 N.Y.S.2d 997, 1991 N.Y. App. Div. LEXIS 8224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/global-cosmetics-international-ltd-v-chemical-bank-nyappdiv-1991.

Opinion

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