Opinion
October 13, 1987
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the judgment is reversed, on the law, with costs, and the plaintiff's motion for summary judgment in lieu of complaint is denied.
The defendant bank had a right to stop payment on the teller's check payable to the order of the plaintiff (see, UCC 4-403; 4-104 [1] [e]), but the stop payment order does not automatically preclude recovery on the check (see, Bank of N Y v. Welz, 118 Misc.2d 645, 648). However, the plaintiff's motion for summary judgment in lieu of complaint should not have been granted because there are triable issues of fact which are exclusively within the knowledge of the plaintiff, and the defendant should be given an opportunity to conduct discovery (see, Crocker-Citizens Natl. Bank v. L.N. Mag. Distribs., 26 A.D.2d 667). Mangano, J.P., Bracken, Brown and Niehoff, JJ., concur.