Bank Leumi Trust Co. v. Marine Midland Bank

OPINION OF THE COURT

Order entered June 8, 1977 (Mercorella, J.), resettling order entered May 24, 1977, insofar as appealed from, and judgment entered April 26, 1977 (Mercorella, J.) reversed, with $10 costs, and plaintiff’s motion for summary judgment denied.

Appeal from order entered April 21, 1977 (Mercorella, J.) dismissed, without costs, as academic. That order was superseded by the resettled order entered June 8, 1977 granting reargument.

On this record, summary judgment in favor of plaintiff was not warranted. While we do not disagree with the proposition that a collecting bank may…