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Clemente Bros. Contracting Corp., et al., Appellants,v.Aprile Hafner-Milazzo,, Defendant, Capital One, N.A., Respondent.

Brief

43 Cited authorities

  1. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 316 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

  2. Seaman-Andwall Corp. v. Wright Mach

    31 A.D.2d 136 (N.Y. App. Div. 1968)   Cited 320 times   1 Legal Analyses

    December 12, 1968. Appeal from the Supreme Court, New York County, JOHN M. MURTAGH, J. Stanley Geller of counsel ( William J. Butler and Edward I. Kramer with him on the brief; Butler, Jablow Geller, attorneys), for appellant. Paul L. Ross of counsel ( Howard L. Jacobs with him on the brief; Wolf Popper Ross Wold Jones, attorneys), for Wright Machine Corporation and another, respondents. Murray I. Gurfein of counsel ( Goldstein, Gurfein, Shames Hyde, attorneys), for Victor Muscat, respondent. STEUER

  3. Ladino v. Bank

    52 A.D.3d 571 (N.Y. App. Div. 2008)   Cited 72 times
    Dismissing complaint and finding that the plaintiff's allegation that bank issued a loan to a person assuming the plaintiff's identity without the plaintiff's knowledge did not give rise to a fraud claim and lacked the pleading requirements of CPLR 3016 (b)

  4. Banque Worms v. Bankamerica

    77 N.Y.2d 362 (N.Y. 1991)   Cited 108 times   4 Legal Analyses
    Adopting the discharge for value rule in the context of wire transfers

  5. American Airlines Employees v. Martin

    29 S.W.3d 86 (Tex. 2000)   Cited 71 times   1 Legal Analyses
    Holding the notification period can be shortened by agreement from one year to sixty days

  6. Bank of America v. Solow

    59 A.D.3d 304 (N.Y. App. Div. 2009)   Cited 51 times

    February 24, 2009. Judgment, Supreme Court, New York County (Bernard J. Fried, J.), entered June 12, 2008, awarding plaintiff the principal sum of $15,910,000, on a guarantee, and bringing up for review an order, same court and Justice, entered April 18, 2008, which granted plaintiffs CPLR 3213 motion for summary judgment in lieu of complaint on the aforementioned guarantee and denied defendant's cross motion to dismiss, unanimously affirmed, with costs. Appeal from the aforesaid order unanimously

  7. Robinson Motor Xpress, Inc. v. HSBC Bank, USA

    37 A.D.3d 117 (N.Y. App. Div. 2006)   Cited 40 times
    In Robinson, an account agreement provided that the statements would be mailed to the address provided on the signature card unless that address was subsequently changed by a document executed by an authorized signatory.

  8. Monreal v. Fleet Bank

    95 N.Y.2d 204 (N.Y. 2000)   Cited 48 times
    Applying UCC

  9. Regatos v. N. Fork Bank

    2005 N.Y. Slip Op. 7731 (N.Y. 2005)   Cited 35 times
    Holding "the one-year statute of repose . . . begin to run when the customer receives actual notice of the improper transfer."

  10. Woods v. MONY Legacy Life Insurance

    84 N.Y.2d 280 (N.Y. 1994)   Cited 46 times
    Holding an insurance company was engaged in the business of banking for purposes of article 4 when it administered plaintiff's money market account resembling an ordinary checking account

  11. Section 602 - Effect of merger

    N.Y. Banking Law § 602   Cited 58 times

    At the time when a merger becomes effective: (1) the receiving corporation shall be considered the same business and corporate entity as each corporation merged into it; (2) all of the property, rights, powers and franchises of any corporation that shall be so merged shall vest in the receiving corporation and the receiving corporation shall be subject to and be deemed to have assumed all of the debts, liabilities, obligations and duties of such merged corporation and to have succeeded to all of