Order, entered July 18, 1967, unanimously modified, on the law, to deny defendant's motion for summary judgment as to the first cause of action set forth in plaintiff's complaint, dismissal of plaintiff's complaint as to such cause of action vacated, and order otherwise affirmed, without costs and disbursements.
There is a triable issue of fact as to whether the check described in the first cause of action was dishonored or returned within the period ending at midnight...
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