Manhattan Imported Cars, Inc. v. Dime Savings Bank

Plaintiff clearly was entitled to summary judgment against defendant savings bank based on its teller’s check payable to plaintiff’s order and given to it in payment of an automobile, which was thereupon delivered to the bank’s depositor. The teller’s check, delivered as the equivalent of cash, was the bank’s own direct and primary obligation to plaintiff and it could not resist enforcement of its contract in order to make a setoff or counterclaim available to its depositor (International Firearms Co. v. Kingston Trust Co., 6 N Y 2d 406; Malphrus v. Home Sav. Bank, 44 Misc 2d 705; Krom v.…