GLOBE MOTOR CAR CO. V. FIRST FIDELITY BANK ET AL

(NOTE: This decision was approved by the court for publication.)
This case can also be found at 291 N.J. Super. 428.

NOT FOR PUBLICATION WITHOUT THE
 
APPROVAL OF THE APPELLATE DIVISION
 

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-3460-94T2

GLOBE MOTOR CAR COMPANY,

Plaintiff-Appellant,

v.

FIRST FIDELITY BANK, N.A., NEW JERSEY,
and EQUIFAX,

Defendants-Respondents,

and

JOHN W. GALLO; PETRICS, MESKIN & NASSAUR;
PHIL (last name unknown); R. CROSSAN;
JACK DESPOSITO; MAX (last name unknown);
SHARON GALLO; W. KLARMAN; JIMMY HAWKINS;
JIMMY VAR; WALTER HARLYE; SCOTT GALLO;
TURK JORDAN, AND DOES 1 THROUGH 4,

Defendants,

and

FIRST FIDELITY BANK, N.A., NEW JERSEY,

Third-Party Plaintiff,

v.

JOSEPH CHNAPKO, YAFFA CHNAPKO,
CAMELOT LEASING, INC., GLOBE MOTOR
CAR LEASING CORP. and J.P. CHNAPKO, INC.,

Third-Party Defendants.

_________________________________________________________________

Argued May 28, 1996 - Decided June 24, 1996

Before Judges Havey, D'Annunzio and Braithwaite

On appeal from Superior Court of New Jersey,
Law Division, Essex County, whose opinion is
published at 273 N.J. Super. 388.

Peter W. Till argued the cause for appellant Globe Motor Car Co. (Anthony J. Fusco, Jr., attorney).

Dennis T. Kearney argued the cause for respondent
First Fidelity Bank, N.A. (Pitney, Hardin, Kipp &
Szuch, attorneys; Mr. Kearney and Loryn P. Riggiola,
on the brief).

Robert J. Kelly argued the cause for respondent
Equifax Services, Inc. (McElroy, Deutsch & Mulvaney, attorneys; Mr. Kelly and Robert J. McGuire, on the brief).

PER CURIAM

In this lender-liability action by an automobile dealership against its creditor-bank and the bank's agent, plaintiff appeals from a summary judgment in favor of First Fidelity Bank and Equifax. The trial court's opinion is published at 273 N.J. Super. 388 (Law Div. 1993).
We now affirm the summary judgment substantially for the reasons expressed by the trial court in section I of its opinion. Section II of the opinion addresses the substance of plaintiff's claim against the bank for paying forged or altered checks. That section of the opinion is dictum because those claims were not properly before the trial court. The trial court had denied plaintiff's motion to amend its complaint to assert a cause of action based on the bank's payment of forged instruments. We affirm the order denying plaintiff leave to amend, as we perceive no mistaken exercise of discretion in that regard. See Fisher v. Yates, 270 N.J. Super. 458, 467 (App. Div. 1994); Du-Wel Products, Inc. v. United States Fire Ins. Co., 236 N.J. Super.

349, 364 (App. Div. 1989), certif. denied, 121 N.J. 617 (1990). Plaintiff's motion was made on the eve of trial and almost three years after the complaint was filed.
Affirmed.

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