Manufacturers Hanover Trust Co. v. Ava Industries, Inc.

*615OPINION OF THE COURT

Martin B. Stecher, J.

The plaintiff moves for summary judgment. The defendant, Ava Industries, Inc. (Ava) sold machinery to Woodhaven Knitting Mills, Inc. (Woodhaven) and received Woodhaven’s check drawn on plaintiff in the sum of $19,500. We are not informed if this was full or partial payment or what was sold or what the other terms of the transaction were.

Following issuance of the check, Woodhaven delivered a stop payment order to the plaintiff (Uniform Commercial Code, § 4-403); but the bank failed to honor the order and paid the check. Whether payment was made through…