Saratoga Polo Ass'n v. Adirondack Trust Co.

OPINION OF THE COURT

Thomas E. Mercure, J.

This is a motion pursuant to CPLR 3211 to dismiss the complaint of the plaintiff Saratoga Polo Association, Ltd., for failure to state a cause of action as to defendant Adirondack Trust Company.

The complaint alleges that the defendant paid a check drawn by the plaintiff payable to Palmer Printers, over the verbal stop-payment order of the plaintiff. The complaint alleges three causes of action, all of which claim damage in the sum of $5,000, which is the face amount of the check.

Defendant contends, in this motion, that the complaint fails to allege the…