Sam Goody, Inc. v. Franklin National Bank

Motion by plaintiff for summary judgment under CPLR 3213 in the sum of $1,600 or for partial summary judgment in the sum of $16, and cross motion by the defendant for judgment dismissing the action.

The unusual facts of this case give rise to the application of law that is rarely invoked. A check in the amount of $16, made payable to the plaintiff, was presented to the defendant bank for certification either by the depositor or by an accomplice of the depositor. The bank’s certification stamp did not show the amount for which the check was certified, and, after the certification was procured,…