Bank of New York v. Welz

OPINION OF THE COURT

Seymour Schwartz, J.

Plaintiff, the Bank of New York (BONY), moves pursuant to CPLR 3212 for summary judgment against defendants the Greater New York Savings Bank (GNYSB) and Robert Welz. GNYSB cross-moves pursuant to CPLR 3212 for summary judgment against BONY or in the alternative for summary judgment against third-party defendant Anne Welz.

The facts are undisputed. On April 23, 1981, Anne Welz purchased a teller’s check from GNYSB drawn to BONY. The check was drawn on GNYSB’s account with Manufacturer’s Hanover Trust (MHT). Anne Welz tendered $1,900 *646to GNYSB but through…