Hatzlachh Supply Co. v. Bank of America

Judgment, Supreme Court, New York County (Stuart C. Cohen, J.), entered on August 6, 1991, which granted plaintiffs motion for summary judgment and denied defendant’s cross-motion to dismiss for failure to prosecute, affirmed, without costs.

The IAS Court properly held that there were no material issues of fact to warrant a trial in this case. Plaintiff submitted its president’s affidavit and defendant’s collection order which established that defendant improperly authorized the release of documents of title and goods in violation of plaintiff’s instructions. In contrast, defendant’s…