CPLR § 3213 Motion for summary judgment in lieu of complaint
Mendelsohn v JP Morgan Chase Bank, N.A., 2009 NY Slip Op 05304 (App. Div., 2nd, 2009)
In this action to recover on a cashier's check, the plaintiff
demonstrated his prima facie entitlement to judgment as a matter of law
by submitting a copy of the cashier's check, drawn by the [*2]defendant, on itself, and payable to him, along with proof that the defendant has refused to honor the check (see Rosenbaum v First Natl. City Bank of N.Y., 11 NY2d 845, 846; Taboada v Bank of Babylon, 95 Misc 2d 1000; see generally Northport Car Wash, Inc. v Northport Car Care, LLC, 52 AD3d 794, 795). In opposition, the defendant failed to raise a triable issue of fact with respect to a bona fide defense (see Kaufman v Chase Manhattan Bank, 370 F Supp 276, 278; Bunge Corp. v Manufacturers Hanover Trust Co., 65 Misc 2d 829, 835, mod 37 AD2d 409, affd 31 NY2d 223; see generally Studley v National Fuel Gas Supply Corp., 125 Misc 2d 956, 961; cf. U.S. Printnet v Chemung Canal Trust Co., 270
AD2d 544, 546). Accordingly, the Supreme Court properly granted the
plaintiff's motion for summary judgment in lieu of complaint (see Northport Car Wash, Inc. v Northport Car Care, 52 AD3d at 795).
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