Mazzuka v. Bank of North America
Civil Court of the City of New York
1Opinion of the CourtMichael A. Castaldi, J.
Plaintiff’s motion (No. 21) and defendant’s cross motion (No. 22) have been considered together. Each party seeks summary judgment against the other.
The material facts that gave rise to this controversy are not in dispute. In sequence, this is what occurred.
On September 13, 1966, one Edward I. Chirlin, who maintained an account at a branch of defendant bank, made out a check in the sum of $2,000 payable to the order of one Markowitz. Chirlin thereupon caused the check to be certified by the bank.
On October 7, 1966 plaintiff recovered a judgment against Chirlin in the amount of $13,197.10.
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2Cases cited6 opinions
- Sumitomo Shoji New York, Inc. v. Chemical Bank New York Trust Co.New York Supreme Court · 1965
- 50 New Walden, Inc. v. Federal InsuranceNew York Supreme Court · 1963
- Jos. Riedel Glass Works, Inc. v. Francis W. Kurtz & Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Joseph Riedel Glass Works, Inc. v. Francis W. Kurtz & Co.New York Court of Appeals · 1941
- Sumitomo Shoji New York, Inc. v. Chemical Bank New York Trust Co.New York Supreme Court · 1965
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- Fidelity Brokerage Services, LLC v. Bank of ChinaDistrict Court, S.D. New York · 2002
- Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.Court of Appeals for the Second Circuit · 2013
- Salles v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 2002
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