Fromer v. Banco Popular de Puerto Rico

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about October 21, 2004, which, after a nonjury trial, directed that $44,397.99 on deposit in an account at Banco Popular be paid to the executrix of Harry Fromer, unanimously affirmed, without costs.

The trial court applied the presumption that a delivered check is considered payment for an antecedent debt (see Matter of Plainer, 138 AD2d 490 [1988]). However, there was no check in this case, so the presumption did not apply. Nevertheless, the court’s decision to award the funds in the National Sales bank account to…