Citibank, N. A. v. Deutsch

Order of the Supreme Court, New York County (Hansel L. McGee, J.), entered on September 28,1983, which denied plaintiff’s motion for summary judgment, is reversed, on the law, and the motion for summary judgment granted, with costs and disbursements. Subdivision (1) of section 3-302 of the Uniform Commercial Code defines a holder in due course as one who takes the instrument for value, in good faith and without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person. Defendant herein does not dispute the making and execution of the…