McIsaac v. Bank of New York

Order and judgment unanimously reversed, with costs, defendant’s motion granted, and complaint dismissed. Memorandum: In awarding plaintiff summary judgment, Special Term erroneously found that "It was necessary for the drawee bank to demonstrate, to lay bare its proof that recovery by plaintiff on the check would constitute unjust enrichment.” The record adequately discloses sufficient proof to deny plaintiff’s motion for summary judgment. A drawee bank stands in a debtor-creditor relationship to its customer and may make payment on checks drawn against its *718customer’s account only as…