Jacobs v. Citibank, N.A.

— Order of the Supreme Court, New York County (G. B. Smith, J.), entered September 8, 1982, denying defendant’s motion to dismiss plaintiffs’ complaint pursuant to CPLR 3211 and for summary judgment pursuant to CPLR 3212, reversed, on the law, with costs, and the motion for summary judgment granted. Plaintiffs bring this uncertified class action on the theory *787that the charges imposed by the defendant bank for returning checks issued by them on their accounts for insufficient funds, and for returning third-party checks deposited to their accounts which were dishonored by the drawee bank…