Chen v. Roosevelt & Main Street Realty Corp.

OPINION OF THE COURT

Sidney Leviss, J.

In an action to recover the balance remaining unpaid on two cashier’s checks, defendants move pursuant to CPLR 3211 (a) (7) and 3211 (c) to dismiss the complaint for failure to state a cause of action and for summary judgment. Since the notice of motion informed plaintiffs of movants’ intention to seek summary judgment and the legal issues raised have been addressed by both parties, the court will treat the motion as one for summary judgment.

On March 2, 1985 plaintiffs entered into an agreement with defendants Roger Chang, Powers Chang and William Su…