Legal Opinion
Taboada v. Bank of Babylon
Suffolk County District Court
Decided August 31, 1978PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Harvey W. Sherman, J.
Plaintiff makes this motion for summary judgment in lieu of complaint pursuant to CPLR 3213, on the ground that the defendant, Bank of Babylon, has failed to honor an official check drawn by the bank, on itself, payable to the order of plaintiff. An official bank check is an instrument for the payment of money only within this meaning of CPLR 3213 and is a proper subject for a motion of this nature. (Moon Over Mountain, Ltd. v Marine Midland Bank, 87 Misc 2d 918.)
Plaintiff is an individual in the business of repairing trucks, buses and other heavy…
2Cases cited5 opinions
- Moon Over the Mountain, Ltd. v. Marine Midland BankCivil Court of the City of New York · 1976
- Banco Ganadero y Agricola, S.A. v. Society National Bank of ClevelandDistrict Court, N.D. Ohio · 1976
- In re the Bank of United StatesAppellate Division of the Supreme Court of the State of New York · 1935
- Klein v. SharpAppellate Division of the Supreme Court of the State of New York · 1973
- Dziurak v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by8 opinions
- Bank of New York v. WelzNew York Supreme Court · 1983
- General Motors Acceptance Corp. v. General Accident Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Fur Funtastic, Ltd. v. KearnsCivil Court of the City of New York · 1980
- Mendelsohn v. JP Morgan Chase Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2009
- Chen v. Roosevelt & Main Street Realty Corp.New York Supreme Court · 1986
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