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GUNDUZ USA, LLC v. PIROLO

3573, 603148/08.

78 A.D.3d 460 (2010)

910 N.Y.S.2d 73

GUNDUZ USA, LLC, Appellant, v. MARIO PIROLO, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 9, 2010.

The court providently exercised its discretion in granting defendant's cross motion for summary judgment dismissing the action (see CPLR 3213; Schulz v Barrows, 94 N.Y.2d 624 [2000]). Defendant established that he was not personally liable for the two postdated checks pursuant to UCC 3-403 (2), as plaintiff's own affidavit acknowledged that the "checks were given as partial payment of monies owed by [defendant's] company...

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