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SPEVACK, CAMERON v. NAT. COMM. BANK

291 N.J. Super. 577 (1996)

677 A.2d 1168

SPEVACK, CAMERON & BOYD, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. NATIONAL COMMUNITY BANK OF NEW JERSEY, NOW KNOWN AS THE BANK OF NEW YORK, NA, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, v. SAMUEL L. SALTER, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1996.

Attorney(s) appearing for the Case

Frank E. Catalina argued the cause for appellant (Margulies, Wind, Herrington & Knopf, attorneys; Mr. Catalina, on the brief).

Gregg S. Sodini argued the cause for respondent (Cuyler Burk, attorneys; Mr. Sodini, on the brief).

Before Judges PETRELLA and BILDER.

The opinion of the court was delivered by BILDER, J.A.D. (Retired and Temporarily Assigned on Recall).

This is an action by the maker of a check against the drawee bank for payment of a check which the maker alleges did not bear the required endorsement of the payee. Plaintiffs Spevack, Cameron & Boyd, a law partnership, appeal from an order of the Law Division granting defendant Bank of New York a summary judgment dismissing their claim for wrongful payment out...

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