Opinion
July 19, 1973
Appeal from the Civil Court of the City of New York, Queens County, CHARLES H. COHEN, J.
Ira L. Levinson for appellant.
Matthew F. Donohue and Joseph V. Hamilton, Jr., for Chase Manhattan Bank, N.A., respondent.
MEMORANDUM.
Order unanimously reversed, with $10 costs to abide the event, and motion for summary judgment denied.
While section 4-404 of the Uniform Commercial Code protects a bank which pays a stale check so long as it acts in good faith, it does not eliminate the requirement of ordinary care which a bank must observe in all its dealings ( Granite Equip. Leasing Corp. v. Hempstead Bank, 68 Misc.2d 350; see, also, Novak v. Greater N.Y. Sav. Bank, 30 N.Y.2d 136). In our opinion, there is an issue of fact as to whether, under all the circumstances, defendant Chase Manhattan Bank, N.A., acted with due care in this transaction. On a prior motion by the plaintiff, the defendant Chase Manhattan Bank urged that there were questions of fact requiring a full plenary trial.
Concur — GROAT, P.J., MARGETT and RINALDI, JJ.