Legal Opinion
Stern v. Chemical Bank
Civil Court of the City of New York
Decided September 18, 1975PublishedCited by 2 opinions
1Opinion of the CourtShelden S. Levy, J.
Is a bank savings account passbook "an instrument for the payment of money only”? This is the simple, but previously undetermined issue, posed by the instant application.
Plaintiff moves for summary judgment in lieu of complaint, pursuant to CPLR 3213, in this action to secure allegedly his own funds on deposit for the past 14 years with defendant bank or its predecessor.
In March, 1960, plaintiff, an attorney at law, claimedly opened a savings account at the Bensonhurst National Bank of Brooklyn in the name "Wynne Stern, as attorney”, in the sum of $5,000. Interest was credited in November,…
2Cases cited41 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.New York Court of Appeals · 1975
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- People v. SansaneseNew York Court of Appeals · 1966
- Leumi Financial Corp. v. RichterNew York Court of Appeals · 1966
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3Cited by2 opinions
- Maglich v. Saxe, Bacon & Bolan, P. C.Appellate Division of the Supreme Court of the State of New York · 1983
- De Bouhana v. BouhanaNew York Supreme Court · 1982