Sawhill Tubular Division Cyclops Corp. v. Lincoln First Bank, N. A.

In an action to recover proceeds of a $25,500 check, plaintiff appeals from an order of the Supreme Court, Westchester County (Cerrato, J.), dated April 25,1983, which denied its motion for summary judgment pursuant to CPLR 3212. Order modified, on the law, by (1) deleting the provision denying plaintiff’s motion for summary judgment in its entirety and substituting therefor a provision granting plaintiff partial summary judgment in the sum of $19,529 and otherwise denying said motion and (2) adding a provision thereto directing that plaintiff join the Estate of Funk as a necessary party to…