Legal Opinion

Michaeli v. Greater New York Savings Bank

Appellate Terms of the Supreme Court of New York

Decided May 8, 1985PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment affirmed, with $25 costs.

It has been consistently held that teller’s checks are the equivalent of cash (Savemart, Inc. v Bowery Sav. Bank, 111 Misc 2d 947; Fur Funtastic v Kearns, 120 Misc 2d 794) and a bank is thus burdened with the duty of protecting innocent third parties by safeguarding said checks (Savemart, Inc. v Bowery Sav. Bank, supra). Consequently, we are of the opinion that the degree of care exercised by the bank should be the same as that employed in safeguarding its cash. A review of the record reveals that the bank failed to live up to…

2Cases cited2 opinions

  1. Fur Funtastic, Ltd. v. KearnsAppellate Terms of the Supreme Court of New York · 1983
  2. Kazarinov v. L. B. Kaye AssociatesNew York Supreme Court · 1981

3Cited by2 opinions

  1. City Check Cashing, Inc. v. Jul-Ame Construction Co.New Jersey Superior Court Appellate Division · 1999
  2. Adam International Trading Ltd. v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1989

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