Lederman v HSBC, INC

[*1] Lederman v HSBC, INC 2005 NYSlipOp 50768(U) Decided on May 25, 2005 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 25, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570373/04

David Lederman, Plaintiff-Appellant,

against

HSBC, INC., as successor-in-interest to Republic National Bank of New York, -and- Alan Melcer, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court, New York County, entered December 17, 2003 (Joan M. Kenney, J.) denying his motion for summary judgment.

PER CURIAM:

Order entered December 17, 2003 (Joan M. Kenney, J.) affirmed, with $10 costs.

Summary judgment was properly denied in this action by plaintiff to recover the proceeds of a $25,000 check written by plaintiff and cashed by defendant three years later, purportedly without authorization. There are material, unresolved factual questions concerning, inter alia, the circumstances of issuance of the check and the viability of the claim of conditional [*2]delivery (see, UCC 3-306[c], 3-307[2]; Long Is. Trust Co. v Intl. Inst. for Packaging Educ., Ltd., 38 NY2d 493 [1976]; Rheinstein v Case, 23 Misc 2d 41 [1960]).

This constitutes the decision and order of the court.
Decision Date: May 25, 2005