POULLIER v. NACUA MOTORS


108 Misc.2d 913 (1981)

Gisele Poullier, Plaintiff, v. Nacua Motors, Inc., et al., Defendants.

Supreme Court, Special Term, Albany County.

May 18, 1981


Attorney(s) appearing for the Case

Harvey & Harvey, Mumford & Kingsley for plaintiff. John T. Biscone for Nacua Motors, Inc., and another, defendants. Lynn, Lynn & Miller, P. C., for Bank of New York, defendant.


LAWRENCE E. KAHN, J.

This is a motion for an order pursuant to CPLR 3212 granting summary judgment to the plaintiff for the relief demanded in the complaint against the defendant, Bank of New York. The action seeks to recover damages alleged to have resulted from the defendant's purported wrongful payment of a check to defendants, Nacua and Brandow, in violation of a stop payment order by the plaintiff.

The pertinent facts herein are not in dispute...

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