PAGE AVENUE CHECK CASHING, LLC v. BANK OF AMERICA, N.A.

2018-05929, Index No. 152729/17.

175 A.D.3d 1546 (2019)

106 N.Y.S.3d 910

2019 NY Slip Op 06783

Page Avenue Check Cashing, LLC, Respondent, v. Bank of America, N.A., et al., Defendants, and Continental Indemnity Company, Appellant.

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

Decided September 25, 2019.


Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, NY ( Patrick J. Lawless of counsel), for appellant.

Russell Macnow Attorney at Law, LLC, New York, NY ( Lauren Papaleo of counsel), for respondent.

Mastro, J.P., Dillon, Brathwaite Nelson and Iannacci, JJ., concur.


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

The plaintiff, a check cashing company, established its entitlement to judgment as a matter of law by submitting copies of the endorsed checks drawn by the defendant Continental Indemnity Company, evidence of that defendant's failure to make payments called for by those checks, and evidence that the plaintiff was a holder in due course (UCC 3-302 [1]; see Hartford Acc. & Indem. Co....

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