Carmine Restaurant, Inc. v. Citibank, N.A.

—Judgment, Supreme Court, New York County (Jane Solomon, J.), entered March 1, 2002, which, to the extent appealed from, in this action to recover proceeds from forged checks cashed without authorization by plaintiffs employee, upon the prior grant of defendant Citibank’s motion pursuant to CPLR 4401, dismissed the action as against it, unanimously affirmed, with costs.

The admissions of plaintiffs principal during direct examination, that plaintiffs blank checks were kept in an unlocked cabinet in a heavily trafficked area and that the key to the principal’s mail cabinet, which contained…