Legal Opinion
Lebhar v. National City Bank
Appellate Terms of the Supreme Court of New York
Decided July 29, 2009PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order affirmed without costs.
Plaintiff is a 50% owner of certain premises; plaintiffs daughter and defendant Charli Leibovich are each 25% owners. Using a forged power of attorney for plaintiff and plaintiffs daughter, Leibovich obtained a $198,000 equity line of credit secured by the premises. It is alleged that, at the closing on this line of credit, a check was issued, payable solely to Leibovich. Defendant National City Bank, upon being advised of the fraud, conducted an independent investigation, following which the lien associated with the line of credit…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- White v. GuarenteNew York Court of Appeals · 1977
- Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
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3Cited by2 opinions
- Port Village HOA, Inc. v. Summit AssociatesAppellate Terms of the Supreme Court of New York · 2011
- Kaplan v. Valley Natl. BankNew York Supreme Court · 2016