Samaras Check Cashing Corp. v Jones (2003 NY Slip Op 51698(U))

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Samaras Check Cashing Corp. v Jones

2003 NY Slip Op 51698(U)

Decided on December 22, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 22, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., RUDOLPH and SKELOS, JJ.
NO. 2003-340 W C

SAMARAS CHECK CASHING CORP., Respondent,

against

BEULAH D. JONES, Appellant.

Appeal by defendant from a commercial claims judgment of the City Court of Yonkers, Westchester County (R. Cerrato, J.), entered on April 4, 2002, awarding plaintiff the principal sum of $463.50.

Judgment unanimously affirmed without costs.

In this commercial claims action by a holder to recover payment on a check upon which payment had been stopped, substantial justice was done between the parties in accordance with the rules and principles of substantive law (UCCA 1807-A). The evidence adduced at trial established that the defendant-payee indorsed said check to plaintiff who paid her therefor. As the indorser of the check, defendant is liable to plaintiff upon her contract of indorsement when the check was dishonored (UCC 3-414 [1]). Accordingly, there is no basis to disturb the judgment of the court below.
Decision Date: December 22, 2003