Kraft v. Sommer

Order insofar as it dismisses plaintiff’s first three causes of action unanimously reversed, with costs, and motion to dismiss denied, and otherwise order affirmed. Memorandum: Plaintiff alleges in her first three causes of action that she "is the owner and holder of [a] check, no part of which has been paid” and she seeks payment of the check. It is undisputed that the check was delivered to her by the maker and that the bank in which she deposited the check refused to honor it because payment had been stopped by defendant Sommer, one of the executors of the deceased maker. Special Term…