Cling Corp. v. Ridgewood Savings Bank

— In an action based upon an instrument for the payment of money only, the defendant appeals from a judgment of the Supreme Court, Nassau County (Becker, J.) entered July 24, 1986, which granted the plaintiffs motion pursuant to CPLR 3213 for summary judgment in lieu of complaint.

Ordered that the judgment is reversed, on the law, with costs, and the plaintiffs motion for summary judgment in lieu of complaint is denied.

The defendant bank had a right to stop payment on the teller’s check payable to the order of the plaintiff (see, UCC 4-403 [1]; 4-104 [1] [e]), but the stop payment order does…