Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied in its entirety.
The defendant George Wallack managed the plaintiff's motel from 1969 until 1984. During this period, Wallack indorsed and presented for payment at the defendant Marine Midland Bank, N. A. a series of checks naming "Catskill Motor Lodge", an assumed name of the corporate plaintiff, as payee. Wallack indorsed these checks in the name of "Catskill Motor...
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