In re Vavoudis

The motion for reargument is granted, and, after consideration of all the papers now before me, the original determination granting the application for payment is adhered to.

Ordinarily, the bank would have become the owner of the check deposited and a debtor to its depositor for the amount of the deposit. But here the deposit slip bore the following provision: “All items credited shall be subject to actual receipt of final payment by this Bank, which shall not be held responsible for its delay or failure to present, collect or protest any item.” Manifestly, these provisions were inconsistent…