JP Morgan Chase Bank v. Commerce Bank

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered October 2, 2002, which, upon the prior grant of plaintiffs motion for summary judgment, awarded plaintiff the principal sum of $174,362.76, unanimously affirmed, with costs.

While defendant is correct that Pennsylvania law governs plaintiffs claim for breach of presentment warranties pursuant to the Uniform Commercial Code (see UCC 4-102 [2]), summary judgment was nonetheless properly granted since defendant failed, in response to plaintiffs prima facie showing of entitlement to judgment, to come forward with evidence…