Legal Opinion · Dissent
Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 1978Published
1Dissent
Lupiano, J. (dissenting).
The gravamen of plaintiff’s claim against defendant-appellant the Bank of New York as contained in paragraphs 7, 28 and 29 of the complaint is as follows:
"7. John M. Walker (hereinafter 'Walker’) is a former employee of plaintiff who was involved with checking bills and invoices received by plaintiff, preparing checks to pay such bills and invoices submitted to plaintiff by vendors, suppliers and others to whom plaintiff owed money, and submitting said checks for the required co-signatures to plaintiff’s corporate officers authorized to sign on its behalf.
"28. During…
2Cases cited20 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
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