Legal Opinion

35 City Island, LLC v. Banco Popular

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 2008Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 9, 2007, which, in an action for conversion of a check, granted plaintiffs motion for summary judgment on the issue of defendant-appellant depository bank’s liability, and granted defendant-respondent payor bank’s cross motion for summary judgment on its cross claim against appellant for indemnification, unanimously affirmed, with costs.

The subject check was made payable to “VeraWestin Restaurant Corp. dba Neptune Inn & 35 City Island Avenue LLC.” The check was endorsed and deposited with appellant by a principal of…

2Cases cited4 opinions

  1. Malanga v. Sears, Roebuck & Co.New York Court of Appeals · 1985
  2. Costello v. Oneida National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1985
  3. Leonard Smith, Inc. v. LynchAppellate Division of the Supreme Court of the State of New York · 1987
  4. Kryten Iron Works, Inc. v. Ultra-Tech Fabricators, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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