Fur Funtastic, Ltd. v. Kearns

OPINION OF THE COURT

Richard S. Lane, J.

Motion and cross motion seek summary judgment on the second cause of action herein against defendant Harlem Savings Bank (hereinafter Harlem), on its check for $1,000.

They raise, as apparently a case of first impression, the question of whether a bank may stop payment on its teller’s check payable to the purchaser thereof.

The facts are undisputed.

The check was drawn by Harlem on its account in a commercial bank. The check was made payable to defendant George W. Kearns, the purchaser and remitter thereof. The check was indorsed over to and delivered to…