§ 190.10 Issuing a bad check; presumptions.\n 1. When the drawer of a check has insufficient funds with the drawee\nto cover it at the time of utterance, the subscribing drawer or\nrepresentative drawer, as the case may be, is presumed to know of such\ninsufficiency.\n 2. A subscribing drawer or representative drawer, as the case may be,\nof an ultimately dishonored check is presumed to have intended or\nbelieved that the check would be dishonored upon presentation when:\n (a) The drawer had no account with the drawee at the time of\nutterance; or\n (b) (i) The drawer had insufficient funds with the drawee at the time\nof utterance, and (ii) the check was presented to the drawee for payment\nnot more than thirty days after the date of utterance, and (iii) the\ndrawer had insufficient funds with the drawee at the time of\npresentation.\n 3. Dishonor of a check by the drawee and insufficiency of the drawer's\nfunds at the time of presentation may properly be proved by introduction\nin evidence of a notice of protest of the check, or of a certificate\nunder oath of an authorized representative of the drawee declaring the\ndishonor and insufficiency, and such proof shall constitute presumptive\nevidence of such dishonor and insufficiency.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.