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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46106 Judge Hackeling PLAINTIFF CHECK casher sought $622 on a dishonored check drawn on defendant’s account. Defendant claimed that it promptly notified the police and bank that the forged check had been stolen on Aug. 8, 2003. Relying on CLB Check Cashing Inc. v. Mount Sinai Hospital, plaintiff argued that because it cashed the check in good faith, it was a “holder in due course” under Uniform Commercial Code ��3-301 and 3-302 so that defendant bore the loss. The court dismissed plaintiff’s claim pursuant to the “unauthorized signature” defense in UCC �3-404. Noting that the check was dated Aug. 8, 2004, the court, referring to UCC �3-104, concluded that plaintiff could not be considered to have been a holder in due course until after that date. Noting plaintiff’s failure to verify the check’s authenticity or note its patently defective post-date and failure to bear a corporate office for its signatory, the court ruled that plaintiff failed to establish that it was a “good faith payor.”

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