FUR FUNTASTIC v. KEARNS


104 Misc.2d 1030 (1980)

Fur Funtastic, Ltd., Plaintiff, v. George W. Kearns et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

July 3, 1980.


Attorney(s) appearing for the Case

Michael Demetriou for plaintiff. Newman, O'Malley & Epstein (John C. Levy of counsel), for George W. Kearns and another, defendants. Guy B. Copel for Harlem Savings Bank, defendant.


RICHARD S. LANE, J.

Motion and cross motion seek summary judgment on the second cause of action herein against defendant Harlem Savings Bank (hereinafter Harlem), on its check for $1,000.

They raise, as apparently a case of first impression, the question of whether a bank may stop payment on its teller's check payable to the purchaser thereof.

The facts are undisputed.

The check was drawn by Harlem on its account in a commercial...

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