Opinion
2003-849 Q C.
Decided January 29, 2004.
Appeal by plaintiff from an order of the Civil Court, Queens County (E. Walker, J.), entered on April 4, 2003, denying his motion for summary judgment in lieu of complaint.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
In this action on a check, defendant raised questions of fact as to whether there was consideration for the check since the lease for which said check was purportedly given to plaintiff was allegedly never executed. We note that as the payee of the check, plaintiff is subject to any defenses of a drawer with whom he has dealt including the defense of failure of consideration (UCC 3-305; Davis Acoustical Corp. v. Matzen Const., 57 AD2d 1018).