Savemart, Inc. v. Bowery Savings Bank

OPINION OF THE COURT

Edward H. Lehner, J.

Plaintiff instituted this action by moving for summary judgment pursuant to CPLR 3213 to recover on a teller’s check of the defendant dated October 9,1980 payable to the plaintiff, payment on which had been stopped by defendant. Defendant has cross-moved for summary judgment.

A customer of plaintiff purchased a television set to be delivered to his home. The policy of plaintiff was stated to be that on a delivery a truck driver was required to obtain payment by “official bank check, certified check or teller’s check”. Plaintiff claims that on or about…