Hutzler v. Hertz Corporation

347 N.E.2d 627 (1976)

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Hutzler v. Hertz Corporation

Court of Appeals of New York
347 N.E.2d 627 (1976)

  • Written by Mary Pfotenhauer, JD

Facts

Christina Hutzler (plaintiff) sued Hertz Corporation (Hertz) (defendant) in New York. The parties settled, and Hertz mailed a settlement check to Hutzler’s attorney, Daniel Yudow. The check was payable to both Hutzler and Yudow. Yudow indorsed the check with his own signature, forged Hutzler’s signature, deposited the check into his account at the Manufacturers Hanover Trust Company (Manufacturers) (defendant), and then disappeared. Hutzler requested that Hertz pay her the amount of the settlement check directly. When Hertz refused, Hutzler sued Hertz and Manufacturers for the amount of the settlement check. The lower court granted Hutzler judgment against Hertz for the amount of the settlement check, but reduced the judgment by the value of the legal services that Yudow had rendered to Hutzler. The lower court granted summary judgment in favor of Manufacturers. Hertz and Hutzler appealed.

Rule of Law

Issue

Holding and Reasoning (Jasen, J.)

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