FRANZESE v. FID. NEW YORK


214 A.D.2d 646 (1995)

625 N.Y.S.2d 275

Maria Franzese, Respondent, v. Fidelity New York FSB, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1995


Ordered that the order is reversed, on the law, with costs, the cross motion is granted, and the complaint is dismissed insofar as it is asserted against the defendant Fidelity New York FSB.

It is undisputed that the plaintiff, the payee of the check in question, indorsed it in blank and delivered it to the defendant Howard Finger. As a result, the check became a bearer instrument, which may be negotiated by delivery to a third party (see, UCC 3-204 [2];

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