Five Towns College v. Citibank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gibbons, J.
The issues raised on this appeal concern the propriety of Special Term’s refusal to grant plaintiff partial summary judgment in its action to recover damages arising out of defendant’s alleged improper payment of a series of checks bearing forged drawers’ signatures, and its further decision to allow the defendant to amend its answer in order to assert, in effect, plaintiff’s contributory negligence as an affirmative defense (CPLR 1411, 1412). In our view, the order, as amended, should be modified by deleting the provision granting leave to amend the answer in…
2Cases cited31 opinions
- Sun'n Sand, Inc. v. United California BankCalifornia Supreme Court · 1978
- Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
- Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
- Morgan v. United States Mortgage & Trust Co.New York Court of Appeals · 1913
26 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Putnam Rolling Ladder Co. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1989
- Call v. Ellenville National BankAppellate Division of the Supreme Court of the State of New York · 2004
- Liberty Mutual Insurance v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1991
- United States Fidelity & Guaranty Co. v. Federal Reserve Bank of New YorkDistrict Court, S.D. New York · 1985
- Wilder Binding Co v. Oak Park Trust & Savings BankIllinois Supreme Court · 1990
21 more not listed; retrieve them via the Exa API.