Opinion
570171/18
10-18-2019
CAPS UNLIMITED, INC., Plaintiff-Respondent, v. K.A.C.F. CREDIT UNION, Defendant-Appellant.
Per Curiam.
Judgment (Verna L. Saunders, J.), entered on or about June 7, 2016, affirmed, without costs.
The trial court achieved "substantial justice" consistent with substantive law principles ( CCA 1807 ; see Williams v Roper , 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000] ) in imposing liability upon defendant credit union for payment of checks from plaintiff's account that were not "properly payable" ( UCC § 4-401[1] ), i.e., fraudulent checks (see Putnam Rolling Ladder Co. v Manufacturers Hanover Trust Co. , 74 NY2d 340, 345 [1989] ). Contrary to defendant's contention, a fair interpretation of the evidence supports a finding that plaintiff exercised reasonable care and promptness in examining its statements and timely notifying defendant of the forgeries (see UCC § 4-406[1] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.