Jainchill v. Citibank, N. A.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We assume, without deciding, that plaintiff has standing to bring this action.

Plaintiff does not and cannot seriously dispute that the subject check was never presented to defendant for payment. Thus, plaintiff’s complaint, insofar as it asserted a *741cause of action against defendant for wrongfully dishonoring the check, was properly dismissed.

Liberally construed, plaintiff’s complaint also alleges a cause of action against defendant for negligence. However, inasmuch as plaintiff has not offered…