Talpiot Corp. v. Ferrari Express, Inc.

Order, Supreme Court, New York *668County (Marilyn Shafer, J.), entered July 3, 2002, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff contracted with defendant for defendant to deliver certain packages C.O.D. The packages were delivered by defendant’s delegatee, Federal Express, and, upon delivery, two cashier’s checks, subsequently determined to be fraudulent, were obtained by the delegatee. Inasmuch, however, as the checks appeared to be in the correct amounts, and otherwise bore the necessary facial…