Schaffe v. SimmsParris
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On April 22, 2008, the plaintiff tendered a $55,000 check made payable to the defendant law firm, SimmsParris Maldonado Tehauno LLP (hereinafter SPMT). On the same date, the defendants tendered an allegedly undated $55,000 check to the plaintiff. This check was drawn on a SPMT bank account and marked “payment” in the memo notation portion of the check. The plaintiff alleges that the money she tendered was a loan which was due to be repaid on or before June 22, 2008. It is undisputed that the SPMT check to the plaintiff was subsequently dishonored for insufficient funds by the drawee bank. The…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
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- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Rizk v. CohenNew York Court of Appeals · 1989
- Jablonski v. RapaljeAppellate Division of the Supreme Court of the State of New York · 2005
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