Gramore Stores, Inc. v. Bankers Trust Co.

*113OPINION OF THE COURT

Arnold G. Fraiman, J.

This is a motion by defendant for summary judgment dismissing the complaint. Plaintiff cross-moves for an order striking defendant’s affirmative defenses and permitting it to amend its complaint to add an additional cause of action.

Plaintiff is a retail merchant. In October, 1972 it entered into a written agreement with defendant bank to permit it to use the bank’s night deposit facility located at a branch office near plaintiff’s place of business. The agreement was authorized by corporate resolution and executed by plaintiff’s secretary. It provided…