Christie's (International) S. A. v. Gugliarda

Order, Supreme Court, New York County, entered May 12, *7151978, granting plaintiffs motion for summary judgment and denying defendant’s cross motion for summary judgment is unanimously modified, on the law, without costs and without disbursements, to deny plaintiffs motion for summary judgment and to direct the service of formal pleadings, and is otherwise affirmed. As the result of a transaction between plaintiff and one Frascarolo, the latter had uttered a check to plaintiff which was subsequently dishonored. Frascarolo had indorsed and supposedly delivered to a Swiss firm (Golay) three…