Wexler v. Chase Manhattan Bank

Appellate Division of the Supreme Court of New York

Wexler v. Chase Manhattan Bank

13 A.D.2d 757, 217 N.Y.S.2d 496, 1961 N.Y. App. Div. LEXIS 10660

Appellate Division of the Supreme Court of the State of New York·Decided May 23, 1961·Published

Opinion

— Determination of the Appellate Term unanimously affirmed, with costs to plaintiff-respondent. Concur — Valente, Stevens and Eager, JJ.; Breitel, J. P., and Rabin, J., concur in the result in the following memorandum by Breitel, J. P.: I concur in the result on the authority of the rationale expressed in American Defense Soc. v. Sherman Nat. Bank (225 N. Y. 506). Otherwise I would have, as a novel proposition, voted to reverse and deny summary judgment to plaintiff and thus follow the provision in the Uniform Commercial Code (§ A-403).

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— Determination of the Appellate Term unanimously affirmed, with costs to plaintiff-respondent. Concur — Valente, Stevens and Eager, JJ.; Breitel, J. P., and Rabin, J., concur in the result in the following memorandum by Breitel, J. P.: I concur in the result on the authority of the rationale expressed in American Defense Soc. v. Sherman Nat. Bank (225 N. Y. 506). Otherwise I would have, as a novel proposition, voted to reverse and deny summary judgment to plaintiff and thus follow the provision in the Uniform Commercial Code (§ A-403).

Wexler v. Chase Manhattan Bank, 13 A.D.2d 757, 217 N.Y.S.2d 496, 1961 N.Y. App. Div. LEXIS 10660 (N.Y. Ct. App. 1961).

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Opinion

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