At issue on this appeal is whether Special Term erred in denying the parties' cross motions for summary judgment in plaintiff's action based upon four cashier's checks issued by defendant to plaintiff's principal. Plaintiff contends that, having issued cashier's checks, defendant is precluded from refusing to pay on the checks. Defendant, on the other hand, maintains that plaintiff's principal, not plaintiff, is the proper party to his lawsuit and that, in any event, it is...
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