Penny Technologies, Inc. v. Citibank, N. A.

—Order, Supreme Court, New York County (Charles Ramos, J.), entered July 16, 1997, which denied plaintiffs motion for summary judgment, and granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff failed to rebut the expert and other evidence offered by defendant bank demonstrating that it acted in a commercially reasonable manner when it accepted for deposit checks payable to “Penny Technologies, Inc.”, and endorsed simply “Penny Technologies”, into the business account of Penny Technologies, under which name plaintiffs former…