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BANK LEUMI TRUST CO. v. BALLY'S PARK PLACE, INC.

No. 81 Civ. 3931-CLB.

528 F.Supp. 349 (1981)

BANK LEUMI TRUST COMPANY OF NEW YORK, Plaintiff, v. BALLY'S PARK PLACE, INC., Defendant.

United States District Court, S. D. New York.

December 1, 1981.

Attorney(s) appearing for the Case

Parker, Chapin, Flattau & Kimpl, New York City, for plaintiff; Stephen Harmon & Michael Friedman, New York City, of counsel.

Bressler, Lipshitz & Rothenberg, New York City and Sills, Beck, Cummis, Zuckerman, Radin & Tischman, Newark, N. J., for defendant; Morton S. Bunis, Newark, N. J., of counsel.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

In this diversity action between a bank and the proprietor of a gambling casino, the Court is called upon to decide where the loss or damage, as between the payee-depositor of a check known to be bad, on the one hand, and a drawee bank guilty of computer induced negligence, on the other hand, shall be imposed. The Court believes that there is nothing in the Uniform Commercial Code or prior New York caselaw which...

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