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Firemen Fund Ins Co vs. Bank of New York

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Please see the attached and provide a case brief as well as opinions and answers to the attached questions.

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The solution provides a brief as well as opinions an answers to the question regarding banks.

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Fireman's Fund Insurance Company, Respondent, v. Bank of New York, Appellant
Supreme Court of New York, Appellate Division, First Department
146 A.D.2d 95; 539 N.Y.S.2d 339
March 30, 1989

Brief the case (750-1000 words) AND discuss whether or not Scotti's actions were ethical and wheter or not Actors equity should sue the bank to recover on forged checks.

Facts:

Fireman's Fund Insurance Company is the named Plaintiff / respondent in the appeal. FFIC is simply the assignee of Actors Equity in the case. Actors Equity is a union that represents actors. When the Comptroller of Actors Equity resigned, the union determined to hire another comptroller, with which the current Comptroller agreed to help with. Actors Equity hired an employment agency to help with the hiring process as well, and eventually the union interviewed twelve candidates for the position of Comptroller, not all of which were referred by the agency.

After an 'extensive' interviewing process, but very little investigation or background checks, Nicholas Scotti was hired to be the comptroller. The old Comptroller made only one phone call to Scotti's 'former employer', but only to find out if Scotti works better with other employers.

As soon as Scotti was hired, he forged two checks for $25,000, and then after he was given the ability to write checks for Actor's Equity, he wrote two more checks for $25,000 for a total of $100,000 in checks that were paid out by Defendant / appellant, Bank of New York.

Procedural Disposition:

Fireman's Fund (i.e. Actors ...

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