Opinion
5723 Index 150076/16
02-15-2018
STRATEGIC TRADING LLC, et al., Plaintiffs–Appellants, v. DEUTSCHE BANK SECURITIES, INC., etc., Defendant–Respondent.
TJ Morrow, New York, for appellants. Moses & Singer, LLP, New York (Jason Canales of counsel), for respondent.
TJ Morrow, New York, for appellants.
Moses & Singer, LLP, New York (Jason Canales of counsel), for respondent.
Friedman, J.P., Tom, Mazzarelli, Singh, JJ.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered March 28, 2017, which denied plaintiffs' motion for summary judgment in lieu of complaint, and granted defendant's cross motion to dismiss, unanimously affirmed, without costs.
Supreme Court properly determined that this action to obtain payment on two 20–year old checks is untimely under Maryland Code Commercial Law § 3–118(c). We reject plaintiffs' argument that the UCC does not apply to this matter, which seeks enforcement of negotiable instruments (see Maryland Code Commercial Law § 3–102 [a] ). Plaintiffs' arguments center on the inapplicability of UCC article 2, Sales, but neither defendant nor Supreme Court relied on UCC article 2.
The court properly relied on the margin account agreement, identified and proffered by an officer in defendant's institutional and private client group, which was admissible for purposes of the summary judgment motion before the court (see DeLeon v. Port Auth. of N.Y. & N.J. , 306 A.D.2d 146, 761 N.Y.S.2d 54 [1st Dept. 2003] ).
We have considered plaintiffs' remaining arguments and find them unavailing.