Legal Opinion

Horovitz v. Roadworks of Great Neck, Inc.

New York Court of Appeals

Decided November 29, 1990PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiffs, the drawers of a number of checks, commenced an action against Citibank, contending that, while acting in its capacity as depositary bank, Citibank had improperly collected their checks in the absence of the named payee’s indorsement. Prior to trial, Citibank moved to dismiss the complaint against it, contending that a depositary bank could not be held liable to a drawer of a check, except in certain limited circumstances not present here. That motion was denied. On appeal, however,…

2Cases cited7 opinions

  1. Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
  2. Prudential-Bache Securities, Inc. v. Citibank, N. A.New York Court of Appeals · 1989
  3. Spielman v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1983
  4. Malanga v. Sears, Roebuck & Co.New York Court of Appeals · 1985
  5. Leonard Smith, Inc. v. LynchAppellate Division of the Supreme Court of the State of New York · 1985

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

3Cited by16 opinions

  1. Getty Petroleum Corp. v. American Express Travel Related Services Co.New York Court of Appeals · 1997
  2. Texas Stadium Corp. v. Savings of America, Texas Court of Appeals, 5th District (Dallas)1996
  3. Druso v. Bank One of ColumbusOhio Court of Appeals · 1997
  4. Cenlin Taiwan Ltd. v. Centon, Ltd.Court of Appeals for the Ninth Circuit · 1993
  5. Maldonado v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1992

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