Balducci v. Merchants National Bank & Trust Co.

In this action brought by plaintiff to recover from the defendant the amount of a check payable to *407plaintiff and certified by the defendant, the third-party defendant moves pursuant to CPLR 3212 for summary judgment dismissing both the complaint of the defendant and third-party plaintiff and that of the plaintiff. The plaintiff has cross-moved to dismiss or sever the third-party action and for summary judgment in his favor against the defendant. Both motions are considered together.

According to the affidavit of Norm Gr. Hancock, the president of the third-party defendant, the drawer of the…