BROWN STROBER v. LIV HOUSE


107 Misc.2d 294 (1980)

Brown Strober Building Supply Corp., Plaintiff, v. Living House, Inc., et al., Defendants. National Bank of North America, Third-Party Plaintiff, v. Moon Raker Construction, Inc., et al., Third-Party Defendants.

District Court of Suffolk County, Third District.

December 4, 1980


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston for Citibank, N. A., defendant. Leon P. Ciferni for National Bank of North America, third-party plaintiff. Rosenthal & Goldhaber for plaintiff. Balin, Pares, Soloway, Seaton & Marglin, P. C., for Living House, Inc., defendant.


GERARD D'EMILIO, J.

The defendants, Citibank and National Bank of North America, move for summary judgment dismissing the complaint of Brown Strober Building Supply Corp. and the cross claim of defendant Living House, Inc.

In September of 1979, Living House, Inc., drew a check for $3,562.77 on its account with Citibank payable to "Brown Strober/Moon Raker Construction". Moon Raker Construction, Inc., deposited this check in its account with National...

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