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AVILA v. BANK OF AMERICA NAT. TRUST AND SAV. ASS'N

No. 91 Civ. 5004 (MGC).

826 F.Supp. 92 (1993)

Victor Hugo O'Farrill AVILA, Plaintiff, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION and Banco International SNC, Defendants.

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

July 1, 1993.

Attorney(s) appearing for the Case

Mandelbaum, Schweiger & Conner, New York City, for plaintiff by Sandor C. Schweiger and Mary Mihalakos.

Winthrop, Stimson, Putnam & Roberts, New York City, for defendants by Cynthia Colt, Leo T. Crowley and Thomas F. Clauss, Jr.

OPINION AND ORDER

CEDARBAUM, District Judge.

Plaintiff Victor Hugo O'Farrill Avila, the drawer of a check against his account at defendant Bank of America National Trust and Savings Association, ("BOA") sues BOA, the drawee bank, for paying on the check which bore a forged endorsement (the "check"). Plaintiff also asserts claims against Banco International SNC, ("Banco"), the depositary bank, for presenting the check to BOA for collection, collecting...

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