Plaintiff is correct that defendant, who did not have a corporate resolution with regard to signing authority on judgment debtor's account, lost the protection of Banking Law § 9. However, because there was no evidence of wrongdoing, fraud, forgery or misappropriation of any of the checks at issue, plaintiff failed to raise a triable issue of fact on its claims of conversion or for money had and received (see Colavito v New York Organ Donor Network, Inc.,
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ARGON ELECTRICAL CORP. v. CAPITAL ONE, N.A.
2561, 651871/14.
145 A.D.3d 634 (2016)
2016 NY Slip Op 08945
42 N.Y.S.3d 817
ARGON ELECTRICAL CORP., Appellant, v. CAPITAL ONE, N.A., Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 29, 2016.
Decided December 29, 2016.
Appellate Division of the Supreme Court of New York, First Department.
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