FUR FUNTASTIC v. KEARNS


120 Misc.2d 794 (1983)

Fur Funtastic, Ltd., Appellant, v. George W. Kearns et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 27, 1983


Attorney(s) appearing for the Case

Demetriou & Demetriou (James P. Demetriou of counsel), for appellant. Guy B. Capel for Harlem Savings Bank, respondent. Newman, O'Malley & Epstein (Patrick T. O'Malley of counsel), for George W. Kearns and another, respondents.

DUDLEY, P. J., HUGHES and PARNESS, JJ., concur.


Per Curiam.

Order entered May 3, 1982 modified by granting plaintiff's motion for summary judgment on the second cause of action and, as modified, affirmed, with $10 costs to the appellant.

The facts are not in dispute. At issue is a bank check drawn by defendant Harlem Savings Bank on its account in a commercial bank. The check, in the amount of $1,000, was made payable to codefendant Kearns, the purchaser thereof, and indorsed over to plaintiff in...

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