AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

MORGAN, MELHUISH, MONAGHAN, ARVIDSON, ABRUTYN LISOWSKI, Respondent, v. REPUBLIC NATIONAL BANK OF NEW YORK, Appellant, et al., Defendants

Per Curiam.

Order entered August 27, 1993 affirmed, with $10 costs.

We agree that the defendant depositary-collecting bank failed to demonstrate the existence of a genuine question of fact requiring a trial on the issue of the commercial reasonableness of its conduct in accepting the substantial ($150,000) two-party check over a facially irregular, forged indorsement of the plaintiff payee, a noncustomer of the bank. Defendant's conclusory allegation that it "employed generally accepted commercial practices and standards in connection with the negotiation of the check" lacked any evidentiary detail and was plainly insufficient to meet its burden of proof on this issue (UCC 3-419; see, Heffernan v Norstar Bank, 125 A.D.2d 887, 890 [Levine, J.]; Tette v Marine Midland Bank, 78 A.D.2d 383, 386, appeal dismissed 54 N.Y.2d 681).

PARNESS, J.P., MILLER and McCOOE, JJ., concur.

Use AI to get other relevant cases.

Comments

MORGAN v. REPUBLIC NATL. BANK
(Feb 23, 1994)