Gunduz USA, LLC v. Pirolo

Order, Supreme Court, New York County (Joan A. Madden, J), entered July 27, 2009, which denied plaintiffs motion for summary judgment in lieu of complaint, and granted defendant’s cross motion for summary judgment dismissing the action, unanimously affirmed, with costs.

The court providently exercised its discretion in granting defendant’s cross motion for summary judgment dismissing the action (see CPLR 3213; Schulz v Barrows, 94 NY2d 624 [2000]). Defendant established that he was not personally liable for the two postdated checks pursuant to UCC 3-403 (2), as plaintiffs own affidavit…