National Bank of Northern New York v. Grasso

Order unanimously reversed, with costs, and matter remitted to Supreme Court, Jefferson County, for further proceedings, in accordance with the following memorandum: Defendant, the sole owner of Aquila’s Pizza, Inc., a domestic corporation, opened a corporate checking account with plaintiff bank. In this action plaintiff seeks restitution for damages arising from its payment of a check issued by Aquila’s Pizza, Inc. Following service of a summons and complaint by affixing a copy to the door of defendant’s home and mailing (CPLR 308, subd 4) defendant did not appear and a default judgment was…