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MICHELE GRASSO et al., Appellants, v. RAFFAELE FIUMARA, Defendant, and DIME SAVINGS BANK OF NEW YORK et al., Respondents.

Ordered that the judgment is affirmed, with costs.

The defendant bank and title insurance company were entitled to rely upon the statutory short-form power of attorney (see, General Obligations Law § 5-1501) presented to them by the defendant Fiumara, the plaintiffs' son-in-law, as that form was valid on its face and the circumstances surrounding its presentation would not have put a reasonable person on notice that something was amiss (cf., Collision Plan Unlimited v. Bankers Trust Co., 63 N.Y.2d 827). Thus, the Supreme Court did not err in dismissing the negligence causes of action asserted against those defendants. Thompson, J.P., Brown, Kunzeman and Eiber, JJ., concur.

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GRASSO v. FIUMARA
(Nov 26, 1990)