KINZIG v. FIRST FIDELITY BANK, N.A.


277 N.J. Super. 255 (1994)

649 A.2d 634

JAMES A. KINZIG, PLAINTIFF, v. FIRST FIDELITY BANK, N.A., PHILADELPHIA SAVINGS FUND SOCIETY, FIDELITY BANK, N.A., ALNOR CHECK CASHING COMPANY, WALLCOVERING, LTD., W.C.L. DESIGNS, INC., WAYNE DUDLEY, SR., AND JOHN/JANE DOES 1 THROUGH 10, J/S/A, DEFENDANTS.

Superior Court of New Jersey, Law Division Mercer County.

Decided January 20, 1994.


Attorney(s) appearing for the Case

Patrick S. Brennan for plaintiff (Smith & Laquericia, attorneys).

Joshua R. Slavitt for defendants Fidelity Bank and First Fidelity Bank (Klehr, Harrison, Harvey, Branzburg & Ellers, attorneys).


DELEHEY, J.S.C.

This matter is before the court on cross motions for summary judgment filed by plaintiff and defendant banks.

The facts are not disputed. In April, 1991, plaintiff James A. Kinzig and W.C.L. Designs Inc., (W.C.L.) entered into an agreement for the remodeling of plaintiff's kitchen. Pursuant to the request of Wayne Dudley, an employee of W.C.L., plaintiff issued two checks totaling $14,600, made payable to "Wayne Dudley/W.C.L. Designs." The...

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