Colonna & Co. v. Citibank, N. A.

Order, Supreme Court, New York County (Stadtmauer, J.), entered October 14,1980 granting, upon reargument, plaintiff’s motion for summary judgment as to the issue of liability on the second and third causes of action, and other relief, is unanimously reversed, on the law, with costs, and plaintiff’s motion for summary judgment is denied, and the order appealed from is vacated in toto. Even apart from the question of applicability of subdivision (3) of section 3-419 of the Uniform Commercial Code, there appear to be questions of fact which preclude summary judgment at this time. Thus apart…