BANK HAPOALIM v. CARPET CORP


103 Misc.2d 522 (1980)

Bank Hapoalim B. M., Plaintiff, v. Madison Carpet Corp., Defendant.

Supreme Court, Special Term, New York County.

March 17, 1980.


Attorney(s) appearing for the Case

Freedman, Leavitt & May for plaintiff.


HERMAN CAHN, J.

Plaintiff, a commercial bank, brings this action to collect the sum of $59,318.53. This sum is claimed to represent overdrafts due on defendant's checking account.

Simultaneously with the service of the summons, plaintiff has served papers seeking summary judgment, pursuant to CPLR 3213. The motion is not opposed. However, in order to grant the motion, the court must determine whether or not the instruments upon which the plaintiff...

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