Estate of Merna v. Simuro

In an action to recover damages for moneys paid out on forged checks drawn on the plaintiffs account, the defendant JPMorgan Chase Bank, N.A., appeals from an order of the Supreme Court, Nassau County (Woodard, J.), dated September 15, 2009, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it or, in the alternative, to strike the plaintiffs demand for a jury trial.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant JPMorgan Chase Bank, N.A., which was to strike the…