Meckler v. Highland Falls Savings & Loan Ass'n

In an action on a check, plaintiff moves for summary judgment in lieu of a complaint (CPLR 3213).

The dispositive facts are not in dispute. Bernard Robins, who is not a party to this action, engaged plaintiff to design a home for him. Robins paid plaintiff $1,500 on account. On or about March 31, 1970 plaintiff requested Robins to pay him an additional $1,000. On that same day, Mrs. Robins went to defendant bank, wherein the Robins maintained a joint .savings account, and requested the bank to withdraw $1,000 from the savings account and to make a check payable in that amount to plaintiff’s…