Legal Opinion
Rosenhack v. Chemical Bank & Trust Co.
Civil Court of the City of New York
Decided June 23, 1977PublishedCited by 1 opinion
1Opinion of the CourtStanley L. Sklar, J.
Defendant moves to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) on the ground that the complaint fails to state a cause of action.
The material facts alleged are undisputed. Plaintiff has what is evidently a checking account with the defendant bank (Chemical). In February, 1971, Rosenhack discovered that the sum of $3,582 had been credited to his account. He advised Chemical that he had not deposited the funds and that they were not his. Chemical states that it then debited Rosenhack’s account in the amount of the deposit and conducted an investigation to determine the person…
2Cases cited3 opinions
- First National Bank v. ClarkNew York Court of Appeals · 1892
- Gimbel Bros. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1939
- Abate v. Bushwigk Savings BankCity of New York Municipal Court · 1955
3Cited by1 opinion
- BNY Financial Corp. v. Masterwear Corp. (In Re Masterwear Corp.)United States Bankruptcy Court, S.D. New York · 1999