Legal Opinion

B.D.G.S., Inc. v. Balio

New York Court of Appeals

Decided December 21, 2006PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

The primary issue presented by this appeal is whether defendant Savings Bank of Utica’s (SBU) actions conformed to reasonable commercial standards as a matter of law under Uniform Commercial Code § 3-419 (3) when it complied with restrictive indorsements on checks submitted for deposit. SBU also asserts that any liability under section 3-419 (3) should be limited to the amount of proceeds remaining in its possession. We hold that compliance with a restrictive indorsement does not establish compliance with reasonable commercial standards as a matter of law and…

2Cases cited6 opinions

  1. Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
  2. Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
  3. State v. Barclays Bank of New York, N. A.New York Court of Appeals · 1990
  4. Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
  5. Hutzler v. Hertz Corp.New York Court of Appeals · 1976

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3Cited by6 opinions

  1. MBIA Insurance v. Patriarch Partners VIII, LLCDistrict Court, S.D. New York · 2013
  2. Sekisui America Corp. v. HartDistrict Court, S.D. New York · 2014
  3. Citigroup Global Markets v. InfanteAppellate Division of the Supreme Court of the State of New York · 2015
  4. Curtin v. J.B. Hunt Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. National Union Fire Insurance v. CastellanoAppellate Division of the Supreme Court of the State of New York · 2013

1 more not listed; retrieve them via the Exa API.

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