Opinion
March 26, 1985
Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).
It is undisputed that pursuant to corporate resolution two signatories were required by plaintiff-respondent for payment of checks over $1,000. Therefore, payment by defendant-appellant of a check for $18,000 with only one signatory was clearly improper. ( Tonelli v. Chase Manhattan Bank, 41 N.Y.2d 667; Jewett v Manufacturers Hanover Trust Co., 48 Misc.2d 1094; UCC 4-401 .)
The only remaining issue is the extent of actual damages to plaintiff-respondent. Accordingly, the matter is remitted for immediate trial on all issues pertaining to damages pursuant to CPLR 3212 (c).
Concur — Kupferman, J.P., Carro, Fein and Milonas, JJ.