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Jacobson v. First National City Bank

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1967
29 A.D.2d 514 (N.Y. App. Div. 1967)

Opinion

December 5, 1967


Order, entered July 18, 1967, unanimously modified, on the law, to deny defendant's motion for summary judgment as to the first cause of action set forth in plaintiff's complaint, dismissal of plaintiff's complaint as to such cause of action vacated, and order otherwise affirmed, without costs and disbursements. There is a triable issue of fact as to whether the check described in the first cause of action was dishonored or returned within the period ending at midnight of the bank's business day next following the day of receipt of the check for deposit (see former Negotiable Instruments Law, § 350-b; Uniform Commercial Code, § 4-301). Furthermore, the present record does not justify a determination as a matter of law that the defendant bank should be relieved from such liability as it may have incurred as acceptor or otherwise by reason of the alleged failure to timely dishonor and return the check.

Concur — Botein, P.J., Eager, Capozzoli, McGivern and Bastow, JJ.


Summaries of

Jacobson v. First National City Bank

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1967
29 A.D.2d 514 (N.Y. App. Div. 1967)
Case details for

Jacobson v. First National City Bank

Case Details

Full title:LOUIS JACOBSON, Doing Business Under the Name of LOUIS JACOBSON BROS.…

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

Date published: Dec 5, 1967

Citations

29 A.D.2d 514 (N.Y. App. Div. 1967)