Fur Funtastic, Ltd. v. Kearns

OPINION OF THE COURT

Order entered May 3, 1982 modified by granting plaintiff’s motion for summary judgment on the second cause of action and, as modified, affirmed, with $10 costs to the appellant.

The facts are not in dispute. At issue is a bank check drawn by defendant Harlem Savings Bank on its account in a commercial bank. The check, in the amount of $1,000, was made payable to codefendant Kearns, the purchaser thereof, and indorsed over to plaintiff in satisfaction of services rendered to Kearns by plaintiff. Thereafter, the instrument was deposited by plaintiff and returned by the *795drawee…