TUKSASS CORP. v. AVM HOLDING CORP.

2007-1307 S C.

2008 NY Slip Op 51458 (U)

TUKSASS CORP. D/B/A UNITED CHECK CASHING, Respondent, v. AVM HOLDING CORP., Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


Plaintiff, a check cashing company, commenced the instant commercial claims action to recover on a dishonored check drawn by defendant AVM Holding Corp. (AVM) and made payable to plaintiff's customer, Juggernaut General Contracting (JGC). AVM asserted affirmative defenses including breach of contract by JGC.

At trial, it was undisputed that the check was endorsed by JGC to plaintiff, which gave value therefor (UCC 3-302 [1] [a]). Thereafter, plaintiff received notice...

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