Merchants Bank of N.Y. v Gross
2007 NY Slip Op 00236 [36 AD3d 485]
January 16, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 14, 2007


The Merchants Bank of New York, a Division of Valley National Bank, Appellant-Respondent,
v
Harold Gross, Individually and Doing Business as Gross Enterprise, Respondent-Appellant.

—[*1] Zeichner Ellman & Krause LLP, New York (Peter Janovsky of counsel), for appellant-respondent. Ofeck & Heinze, LLP, Hackensack, NJ (Mark F. Heinze of counsel), for respondent-appellant.

Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered July 22, 2005, which, in an action pursuant to Uniform Commercial Code § 3-804 by a presenting bank against the maker of an allegedly lost or stolen promissory note, denied the parties' motions for summary judgment, unanimously affirmed, without costs.

Summary judgment in favor of either party is precluded by an issue of fact as to whether the note had been received by the maker's bank. Concur—Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.