Legal Opinion
Cicci v. Lincoln National Bank & Trust Co.
Syracuse City Court
Decided May 13, 1965PublishedCited by 8 opinions
1Opinion of the CourtTony Mancuso, J.
This is a motion pursuant to CPLE 3212 to strike the defendant’s answer and seeking summary judgment in favor of the plaintiff. This is an action by the plaintiff depositor against the defendant bank for wrongful payment of a check drawn by the plaintiff in favor of one Joseph Santo in the amount of $3,000 after receipt by the defendant bank of a timely stop-payment order. The action is grounded upon section 4 — 403 of the Uniform Commercial Code.
The answer of the defendant bank denies the allegations of the complaint except jurisdiction and pleads two affirmative defenses: first, that the…
2Cases cited2 opinions
- American Defense Society, Inc. v. Sherman National BankNew York Court of Appeals · 1919
- Chase Nat. Bank of City of New York v. BattatNew York Court of Appeals · 1948
3Cited by8 opinions
- Commercial Insurance Co. of Newark v. ScalamandreCivil Court of the City of New York · 1967
- Dunnigan v. First BankSupreme Court of Connecticut · 1991
- Best v. Dreyfus Liquid Assets, Inc.New Jersey Superior Court Appellate Division · 1987
- Saratoga Polo Ass'n v. Adirondack Trust Co.New York Supreme Court · 1983
- Kunkel v. First National Bank of Devils LakeNorth Dakota Supreme Court · 1986
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