Legal Opinion
Capital District Telephone Employees Federal Credit Union v. Berthiaume
New York Supreme Court
Decided July 9, 1980PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Leonard A. Weiss, J.
A customer presents his bank with a check for deposit which is paid by it and the drawer’s bank without the in*530dorsement of the copayee. Seven months after final settlement, the customer’s account is charged back by his bank following assertion of a claim to the proceeds of the check by the copayee. In an action by the copayee against the party who presented the check for deposit, the presenting party’s bank, and the drawer’s bank, who, if anyone, is entitled to summary judgment? In the cross claims between the appearing defendants, who, if anyone, is…
2Cases cited4 opinions
- Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
- Hillsley v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1965
- Myers v. First National Bank of ScotiaAppellate Division of the Supreme Court of the State of New York · 1973
- Edwards Co. v. Long Island Trust Co.New York Supreme Court · 1973
3Cited by7 opinions
- State v. Barclays BankAppellate Division of the Supreme Court of the State of New York · 1989
- Lund v. Chemical BankDistrict Court, S.D. New York · 1987
- Perez v. Charter One FSBAppellate Division of the Supreme Court of the State of New York · 2002
- Lund's, Inc. v. Chemical BankCourt of Appeals for the Second Circuit · 1989
- Fergang v. FlanaganNew York Supreme Court · 1997
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