Newark Insurance v. Kings Lafayette Bank

Appellate Division of the Supreme Court of New York

Newark Insurance v. Kings Lafayette Bank

51 A.D.2d 955, 381 N.Y.S.2d 665, 1976 N.Y. App. Div. LEXIS 11663

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1976·Published

Opinion

Order entered October 11, 1974, in the Supreme Court, New York County, denying the parties’ cross motions for summary judgment unanimously affirmed, without costs and without disbursements to any of the parties herein. There are several questions of fact which can only be answered upon a trial, among them whether Marshall & O’Brien, Inc., had any authority to indorse the check for $80,000 and whether both or either of the defendants acted in accordance with reasonable commercial standards in the collection and payment of the check. Concur—Stevens, P. J., Markewich, Capozzoli, Lane and Nunez, JJ.

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Order entered October 11, 1974, in the Supreme Court, New York County, denying the parties’ cross motions for summary judgment unanimously affirmed, without costs and without disbursements to any of the parties herein. There are several questions of fact which can only be answered upon a trial, among them whether Marshall & O’Brien, Inc., had any authority to indorse the check for $80,000 and whether both or either of the defendants acted in accordance with reasonable commercial standards in the collection and payment of the check. Concur—Stevens, P. J., Markewich, Capozzoli, Lane and Nunez, JJ.

Newark Insurance v. Kings Lafayette Bank, 51 A.D.2d 955, 381 N.Y.S.2d 665, 1976 N.Y. App. Div. LEXIS 11663 (N.Y. Ct. App. 1976).

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51 A.D.2d 955 (Newark Insurance v. Kings Lafayette Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.