Group, Inc. v. Spanier

Opinion by

Judge ROTHENBERG.

In this action to collect on a check returned because of insufficient funds, defendant, Judith A. Spanier, appeals the summary judgment in favor of plaintiff, the Group, Inc. (Group). We reverse and remand with directions.

Group was the listing broker for a real estate transaction in which Spanier was buy er. Spanier sent a $10,000 check to Group as an earnest money deposit. Without waiting for Spanier’s check to clear, Group sent its own check for $10,000 to seller. Spanier’s check did not clear and the real estate transaction was never completed.

Later, Group served…