Freedman & Slater, Inc. v. Great Lakes Forwarding Corp.

Order and judgment unanimously reversed upon the law, with costs to the appellant, the plaintiff’s motion for summary judgment is denied and the defendant’s cross motion for summary judgment is granted, with $10 costs, and judgment is directed to be entered in favor of the defendant dismissing the complaint, with costs. While there is considerable force to the argument that plaintiff’s rights against defendant accrued at the time of the breach (acceptance of the uncertified cheek), and that consequently plaintiff had the right, even perhaps the duty, to deposit the cheek and thus possibly…