Brown Strober Building Supply Corp. v. Living House, Inc.

opinion of the court

Gerard D’Emilio, J.

The defendants, Citibank and National Bank of North America, move for summary judgment dismissing the complaint of Brown Strober Building Supply Corp. and the cross claim of defendant Living House, Inc.

In September of 1979, Living House, Inc., drew a check for $3,562.77 on its account with Citibank payable to “Brown Strober/Moon Raker Construction”. Moon Raker Construction, Inc., deposited this check in its account with National Bank of North America without the indorsement of Brown Strober. National Bank of North America presented this check to the…