Mahopac National Bank v. Gelardi

—In an action to recoup an overdraft from the defendants’ account at the plaintiff bank, the plaintiff appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated September 28, 2001, which denied its motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Putnam County, for entry of an appropriate judgment in the amount of the overdraft plus interest and costs.

On August 7, 2000, the defendants deposited a check dated July 27, 2000, in the amount of $8,500 in their…