Diaz v. Manufacturers Hanover Trust Co.

OPINION OF THE COURT

Martin Rodell, J.

The petitioner moves by order to show cause to require the respondent Manufacturers Hanover Trust Company to pay the sum of $37,000 or in the alternative to require the respondent Al Newman to issue a new negotiable instrument to her in the same amount.

The facts are uncontroverted. The petitioner posted the sum of $37,000 as security for a bond in behalf of a defendant in a *803criminal proceeding. Said security was posted with the respondent Newman, a licensed bail bondsman.

The afore-mentioned criminal action was concluded on July 20, 1977. Subsequently, the…