Legal Opinion
Bank Leumi Trust Co. v. Bally's Park Place, Inc.
District Court, S.D. New York
Decided December 1, 1981No. 81 Civ. 3931-CLBPublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BRIEANT, District Judge.
In this diversity action between a bank and the proprietor of a gambling casino, the Court is called upon to decide where the loss or damage, as between the payee-depositor of a check known to be bad, on the one hand, and a drawee bank guilty of computer induced negligence, on the other hand, shall be imposed. The Court believes that there is nothing in the Uniform Commercial Code or prior New York caselaw which requires the Bank to suffer the resultant damage as between the parties. 1
The relevant facts, stated below, are not in dispute. Plaintiff’s…
2Cases cited6 opinions
- Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Manufacturers Trust Co. v. DiamondAppellate Terms of the Supreme Court of New York · 1959
- In re the Accounting of MulliganNew York Surrogate's Court · 1953
- Valley Bank of Nevada v. Bank of CommerceCivil Court of the City of New York · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986
- Morgan Guaranty Trust Co. v. American Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1986
- National Bank of Canada v. Artex Industries, Inc.District Court, S.D. New York · 1986
- Northpark National Bank v. Bankers Trust Co.District Court, S.D. New York · 1983
- SOS Oil Corp. v. Norstar Bank of Long IslandNew York Court of Appeals · 1990
11 more not listed; retrieve them via the Exa API.