Annunziata v. First National Bank

ALDRICH, District Judge.

This is a motion to dismiss. Plaintiff alleges that Fred Pittera Associates, Inc., hereinafter called Associates, had a checking account with the defendant bank; that by vote of the Associates, of which the bank was duly notified, checks could be drawn on its behalf by the defendant Kaplan, but only if countersigned by the plaintiff; that by separate agreement, of which it does not appear that the bank was informed, Associates *675was obligated to pay to plaintiff its net profits, after deducting certain expenses; that Kaplan prepared checks for “fictitious creditors,” and…