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Valley Bank v. Winston

54 A.D.2d 759 Court N.Y. App. Div. Decision date 1976-10-25 English

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p. 759
Valley Bank of New York, Appellant, v Irving Winston et al., Defendants, and National Bank of North America, Respondent.

In an action inter alia to recover damages for nonpayment of a check, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated April 19, 1976, as denied its motion for leave to serve a supplemental complaint. Order affirmed insofar as appealed from, with $50 costs and disbursements. The proposed pleading, as a matter of law, does not state a cause of action (cf. Grafer v Marco Beer & Beverages, 36 AD2d 295 , app dsmd 29 NY2d 641 ). Hopkins, Acting P. J., Latham, Shapiro and Hawkins, JJ., concur.

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