Depew Development, Inc. v. AT & A Trucking Corp.

—Order and judgment unanimously reversed on the law with costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Supreme Court should have denied plaintiff’s motion and granted defendant’s cross motion for summary judgment on the ground that defendant was a holder in due course of plaintiff’s checks. Plaintiff commenced this action to recover the face amount of unauthorized checks written on its account *975and made payable to defendant. The checks were forged by the parties’ mutual accountant. A holder in due course is defined by UCC 3-302 (1) as "a holder who takes the…