Lederman v. HSBC, Inc.

Full title: DAVID LEDERMAN, Plaintiff-Appellant, v. HSBC, INC., as…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: May 25, 2005

2005 N.Y. Slip Op. 50768 (N.Y. App. Term 2005)

Opinion

570373/04.

Decided May 25, 2005.

Plaintiff appeals from an order of the Civil Court, New York County, entered December 17, 2003 (Joan M. Kenney, J.) denying his motion for summary judgment.

Order entered December 17, 2003 (Joan M. Kenney, J.) affirmed, with $10 costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.

PER CURIAM:

Summary judgment was properly denied in this action by plaintiff to recover the proceeds of a $25,000 check written by plaintiff and cashed by defendant three years later, purportedly without authorization. There are material, unresolved factual questions concerning, inter alia, the circumstances of issuance of the check and the viability of the claim of conditional delivery ( see, UCC 3-306[c], 3-307; Long Is. Trust Co. v. Intl. Inst. for Packaging Educ., Ltd., 38 NY2d 493; Rheinstein v. Case, 23 Misc 2d 41).

This constitutes the decision and order of the court.