ILLUMINATIONS BY ARNOLD, INC. v. BANCO POPULAR DE PUERTO RICO


305 A.D.2d 372 (2003)

757 N.Y.S.2d 900

ILLUMINATIONS BY ARNOLD, INC., Appellant, v. BANCO POPULAR DE PUERTO RICO, Defendant, and ISLAND CHECK CASHING CORP., Respondent.

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

Decided May 5, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the motion of the defendant Island Check Cashing Corp. (hereinafter Island) to dismiss the complaint insofar as asserted against it, on the ground that the plaintiff failed to state a cause of action sounding in negligence against Island.

Even if there was a duty owed to the plaintiff by Island based on the cashing of the subject checks, UCC 3-405 (1...

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