Aryeh v. Eastern International

Order, Supreme Court, New York County, entered May 5, 1976, denying plaintiff’s motion for summary judgment, unanimously reversed, on the law, and summary judgment in favor of plaintiff and against the defendant Lavi granted, without costs or disbursements. Pursuant to CPLR 3213, plaintiff made a motion for summary judgment upon a check in the sum of $20,000. The check, drawn in January, 1975 and postdated to April 15, 1975, was a down payment on a rug to be bought by defendant from a Mr. Rachtian and was made payable to the latter. On February 14, 1975, Rachtian endorsed the defendant’s…