Opinion
No. 9762.
January 16, 2007.
Order, Supreme Court New York County (Rolando T. Acosta, J.), entered July 22, 200 which, in an action pursuant to Uniform Commercial Code § 3-804 by a presenting bank against the maker of an allegedly lost or stolen promissory note, denied the parties' motions for summary judgment, unanimously affirmed, without costs.
Zeichner Ellman Krause LLP, New York (Peter Janovsky of counsel), for appellant-respondent.
Ofeck Heinze, LLP, Hackensack, NJ (Mark F. Heinze of counsel), for respondent-appellant.
Before: Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.
Summary judgment in favor of either party is precluded by an issue of fact as to whether the note had been received by the maker's bank. Concur — Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.