Marine Midland Bank, N. A. v. Berry

Order of the Appellate Term, First Department, entered June 6, 1985, which reversed the judgment of the Civil Court, New York County (Charles Ramos, J.), entered on January 30, 1984 in plaintiff’s favor, and in its stead directed judgment for defendant, is unanimously reversed, on the law and facts, and the judgment of Civil Court reinstated, with costs and disbursements.

On June 16, 1979, defendant Peter Berry drew a check on his account at the plaintiff bank, payable to "R. Hamilton and the National Bank of Middlebury, Vermont”, in the amount of $6,518.31. This check was delivered to…