Legal Opinion
Chartered Bank v. American Trust Co.
New York Supreme Court
Decided November 4, 1965PublishedCited by 5 opinions
1Opinion of the CourtCharles Marks, J.
Motion by defendant American Trust Company (American) pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss the second amended complaint for failure to state a cause of action is granted. The facts asserted by the plaintiff for seeking recovery of $562,354.36 based upon two causes of action sounding in “ gross negligence amounting to commercial bad faith ” are as follows:
During the 18-month period of June, 1962, through December, 1963, one of plaintiff’s employees, William Seorca, prepared and signed 123 checks drawn on plaintiff’s account on the Bank of New York in the aggregate sum of…
2Cases cited6 opinions
- Manufacturers & Traders Trust Co. v. SapowitchNew York Court of Appeals · 1947
- General Fire Assurance Co. of Paris, France v. State BankAppellate Division of the Supreme Court of the State of New York · 1917
- Trojan Publishing Corp. v. Manufacturers Trust Co.New York Court of Appeals · 1948
- Chartered Bank v. American Trust Co.New York Supreme Court · 1965
- Kinstlinger v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1952
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3Cited by5 opinions
- Lotito v. LundAppellate Division of the Supreme Court of the State of New York · 1987
- Brokerage Data Processing Corp. v. Eastchester Savings BankAppellate Division of the Supreme Court of the State of New York · 1972
- Board of Higher Education v. Bankers Trust Co.New York Supreme Court · 1976
- Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1978
- VanMinos v. MerkleyAppellate Division of the Supreme Court of the State of New York · 1975