Costello v. Oneida National Bank & Trust Co.

— Order unanimously reversed, on the law, with costs to plaintiff, and plaintiff’s motion granted. Memorandum: Special Term erred in denying plaintiff’s motion for summary judgment. Plaintiff Robert M. Costello seeks the proceeds of two checks, one in the amount of $5,000 payable to “Robert M. Costello, dba Lincoln Laundry & Dry Cleaners” and the other in the amount of $18,000 payable to “Robert M. Costello dba Lincoln Laundry and Cleaners and Robert Dellecese.” The $5,000 check was indorsed “Lincoln Ldy. and Dry Cleaners” and the $18,000 check was indorsed “Robert B. Dellecese”. Both were…