Defendant JP Morgan Chase Bank appeals, as limited by its brief, from an order of the Civil Court, New York County, entered April 23, 2002 (Carol R. Edmead, J.), insofar as it granted plaintiff's motion for summary judgment on the complaint, and denied defendant's cross-motion for a default judgment against additional defendant Hanen Kris Corporation.

PER CURIAM:

Order entered April 23, 2002 (Carol R. Edmead, J.) affirmed, with $10 costs.

Summary judgment was properly granted to plaintiff Industrial Bank of Korea on its complaint against defendant JP Morgan Chase Bank ("Chase"), as Chase failed to [*2]demonstrate the existence of any triable issue of fact. Plaintiff accepted for deposit a check certified by Chase in the amount of $23,150, and paid out the proceeds before learning, days later, that Chase refused to honor the check because its depositor's account lacked sufficient funds to cover the item. Certification of the check constituted Chase's acceptance of the obligation to pay, and limited its right to refuse to honor the check (see, UCC 4-303; Quistgaard v EAB European Am. Bank and Trust Co., 182 AD2d 510 [1992]; 9 NY Jur 2d, Banks & Financial Institutions § 386). Chase produced no proof that plaintiff, a holder in due course, took the certified instrument with notice of a defense of fraud or mistake, or in bad faith (see, Banco di Roma v Merchant's Bank of N.Y., 251 AD2d 139 [1998]). In these circumstances, plaintiff was entitled to judgment on the complaint.

Chase's cross-motion seeking, inter alia, entry of a default judgment against additional defendant Hanen Kris Corporation was properly denied, since the additional defendant's answer was in the court file and its president submitted a factual affidavit disputing Chase's claim for indemnification.

This constitutes the decision and order of the court.