[*1]
Stefanopoulos v Maldonado
2004 NY Slip Op 50122(U)
Decided on January 29, 2004
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This opinion is uncorrected and will not be published in the Official Reports.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 January 29, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., PATTERSON and GOLIA, JJ.
NO. 2003-849 Q C

PETER STEFANOPOULOS, Appellant,

against

EDGAR P. MALDONADO, Respondent.


Appeal by plaintiff from an order of the Civil Court, Queens County (E. Walker, J.), entered on April 4, 2003, denying his motion for summary judgment in lieu of complaint.


Order unanimously affirmed without costs.

In this action on a check, defendant raised questions of fact as to whether there was consideration for the check since the lease for which said check was purportedly given to plaintiff was allegedly never executed. We note that as the payee of the check, plaintiff is subject to any defenses of a drawer with whom he has dealt including the defense of failure of consideration (UCC 3-305 [2]; Davis Acoustical Corp. v Matzen Const., 57 AD2d 1018 [1977]).
Decision Date: January 29, 2004