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G R Check Cashing Corp. v. Corines

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 488 (N.Y. App. Div. 1997)

Opinion

March 24, 1997.

In an action to recover damages for checks stolen from the defendant and cashed by the plaintiff, the defendant appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered March 26, 1996, which denied his motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Before: Miller, J.P., Ritter, Thompson and Krausman, JJ.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

A review of the complaint in the light most favorable to the plaintiff ( see, Marple v Sorg, 230 AD2d 831) demonstrates that it fails to state any cause of action against the defendant ( cf., Rotanelli v Madden, 172 AD2d 815). The complaint alleges, in sum, that in October 1993, an individual employed by the defendant stole certain checks made out to the defendant, forged the defendant's name, and then cashed the checks at the Plaintiff's check-cashing establishment.

Contrary to the Plaintiff's contentions, none of these allegations, nor the additional facts alleged in the complaint, identify any conduct of the defendant which could give rise to a viable cause of action. Accordingly, the motion to dismiss should have been granted.


Summaries of

G R Check Cashing Corp. v. Corines

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 488 (N.Y. App. Div. 1997)
Case details for

G R Check Cashing Corp. v. Corines

Case Details

Full title:G R CHECK CASHING CORP., Respondent, v. PETER J. CORINES, Appellant

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

Date published: Mar 24, 1997

Citations

237 A.D.2d 488 (N.Y. App. Div. 1997)
655 N.Y.S.2d 982