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Banco Nacional Ultramarino, S. A. v. Chan

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1998
253 A.D.2d 682 (N.Y. App. Div. 1998)

Opinion

September 17, 1998

Appeal from the Supreme Court, New York County (Lorraine Miller, J.).


We have previously expressed agreement with the IAS Court's conclusion that the funds at issue in this case were sufficiently identifiable to support a cause of action in favor of the plaintiff bank for conversion ( Banco Nacional Ultramarino v. Moneycenter Trust Co., 240 A.D.2d 253, affg for reasons stated at 169 Misc.2d 182). However, since plaintiff bank voluntarily relinquished the funds in question by making payment on certain checks — albeit checks drawn against bogus accounts funded by means of the fraud of plaintiff's employee-defendants-respondents may, if they can demonstrate that they were in fact good faith purchasers in the subject currency exchange transactions, interpose an estoppel against plaintiff bank's title pursuant to UCC 2-403 U.C.C. (1) (d). Since there are factual questions respecting whether defendants-respondents acted in good faith, summary judgment was properly denied.

Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.


Summaries of

Banco Nacional Ultramarino, S. A. v. Chan

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1998
253 A.D.2d 682 (N.Y. App. Div. 1998)
Case details for

Banco Nacional Ultramarino, S. A. v. Chan

Case Details

Full title:BANCO NACIONAL ULTRAMARINO, S. A., Appellant, v. MARIA F. CHAN et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 17, 1998

Citations

253 A.D.2d 682 (N.Y. App. Div. 1998)
677 N.Y.S.2d 567