The plaintiff's motion for summary judgment is denied.
First, the complaint fails to state a cause of action. It alleges that on May 22, 1955, the defendant for value issued two checks in the sum of $1,000 and $3,410. A check is a bill of exchange, drawn on a bank and payable on demand. (Negotiable Instruments Law, § 321.) There is no allegation that these alleged checks were presented to and dishonored by a bank. Furthermore...
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