Legal Opinion
Rapp v. Dime Sav. Bank of New York
New York Court of Appeals
Decided October 9, 1979PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
On the present record, there are no factual issues concerning the legality of defendant bank’s collection policy. Defendant, as a depository or collecting bank, generally may not prohibit a customer from drawing against a check deposited in his account after a reasonable time has elapsed from receipt of a provisional settlement for that item (Uniform Commercial Code, § 4-213, subd 4, par [a]). But the parties are free to formulate their own definition of "reasonable time” by agreement, so long as…
2Cases cited2 opinions
- Indig v. FinkelsteinNew York Court of Appeals · 1968
- Connell v. St. Mary's HospitalNew York Court of Appeals · 1978
3Cited by6 opinions
- Owusu v. New York State InsuranceDistrict Court, S.D. New York · 2009
- Gridley v. Turnbury Vil., LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Bickett v. Buffalo Bills, Inc.New York Supreme Court · 1983
- Tepper v. Cablevision Systems Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Estruch v. Volkswagenwerk, AG.Appellate Division of the Supreme Court of the State of New York · 1983
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