Jacobson v. First National City Bank

Appellate Division of the Supreme Court of New York

Jacobson v. First National City Bank

29 A.D.2d 514, 285 N.Y.S.2d 156, 1967 N.Y. App. Div. LEXIS 2856

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

DecidedDecember 5, 1967

StatusPublished

This text of 29 A.D.2d 514 (Jacobson v. First National City 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

Jacobson v. First National City Bank, 29 A.D.2d 514, 285 N.Y.S.2d 156, 1967 N.Y. App. Div. LEXIS 2856 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order, entered July 18, 1967, unanimously modified, on the law, to deny defendant’s motion for summary judgment as to the first cause of action set forth in plaintiff’s complaint, dismissal of plaintiff’s complaint as to such cause of action vacated, and order otherwise affirmed, without costs and disbursements. There is a triable issue of fact as to whether the check described in the first cause of action was dishonored or returned within the period ending at midnight of the [515]*515bank’s business day next following the day of receipt of the check for deposit (see former Negotiable Instruments Law, § 350-b; Uniform Commercial Code, § 4-301). Furthermore, the present record does not justify a determination as a matter of law that the defendant bank should be relieved from such liability as it may have incurred as acceptor or otherwise by reason of the alleged failure to timely dishonor and return the check. Concur — Botein, P. J., Eager, Capozzoli, MeGivern and Bastow, JJ.

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Order, entered July 18, 1967, unanimously modified, on the law, to deny defendant’s motion for summary judgment as to the first cause of action set forth in plaintiff’s complaint, dismissal of plaintiff’s complaint as to such cause of action vacated, and order otherwise affirmed, without costs and disbursements. There is a triable issue of fact as to whether the check described in the first cause of action was dishonored or returned within the period ending at midnight of the [515]*515bank’s business day next following the day of receipt of the check for deposit (see former Negotiable Instruments Law, § 350-b; Uniform Commercial Code, § 4-301). Furthermore, the present record does not justify a determination as a matter of law that the defendant bank should be relieved from such liability as it may have incurred as acceptor or otherwise by reason of the alleged failure to timely dishonor and return the check. Concur — Botein, P. J., Eager, Capozzoli, MeGivern and Bastow, JJ.

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Bluebook (online)

29 A.D.2d 514, 285 N.Y.S.2d 156, 1967 N.Y. App. Div. LEXIS 2856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobson-v-first-national-city-bank-nyappdiv-1967.