STATE OF NY v. BARCLAYS BANK


76 N.Y.2d 533 (1990)

State of New York, Appellant, v. Barclays Bank of New York, N. A., Respondent.

Court of Appeals of the State of New York.

Decided October 18, 1990.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Denise A. Hartman, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

David M. Satnick and John Nocera for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

In the absence of actual or constructive possession of a check, does the named payee have a right of action against the depositary bank which has paid out the proceeds over a forged indorsement? This is the question presented in plaintiff's appeal from a dismissal of its action to recover the amounts of several checks drawn by taxpayers to the order of various State taxing authorities. The checks...

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