Legal Opinion
David Graubart, Inc. v. Bank Leumi Trust Co.
New York Court of Appeals
Decided December 19, 1979PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
On this appeal, here on a question certified by the Appellate Division pursuant to CPLR 5602 (subd [b], par 1), we are called upon to determine the role played by article 4 of the Uniform Commercial Code in fixing rights and obligations arising out of a second presentment of a check previously returned for insufficient funds. The heart issue is whether a payor bank is relieved of liability for retaining such an instrument beyond its "midnight deadline” (see Uniform Commercial Code, § 4-302) when it does so pursuant to an agreement concordant with a practice…
2Cases cited10 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Columbia Ribbon & Carbon Manufacturing Co. v. A-1-A Corp.New York Court of Appeals · 1977
- Walls v. . BaileyNew York Court of Appeals · 1872
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Owusu v. New York State InsuranceDistrict Court, S.D. New York · 2009
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Chemical BankNew York Court of Appeals · 1982
- SOS Oil Corp. v. Norstar Bank of Long IslandNew York Court of Appeals · 1990
23 more not listed; retrieve them via the Exa API.