Opinion
October 24, 1967
Order and judgment (one paper) unanimously reversed, on the law, with $50 costs and disbursements to abide the event, and plaintiff's motion and the cross motion of the defendant Royal Globe Insurance Company, also known as Royal Indemnity Company, denied. Triable issues exist as to whether the instruments were ever in the possession of the plaintiff, whether plaintiff's indorsements were forged or whether it may have authorized the indorsements upon the drafts. The position of defendant Royal and that of the third-party defendant-appellant that they are without genuine knowledge of the facts surrounding the alleged forgery does not depend upon whether the negotiable instruments were or were not ever in the possession of the plaintiff. The issue of forgery, moreover, does not turn upon the fact that the plaintiff did or did not ever receive the drafts. A triable issue also exists as to whether the plaintiff was the only entity entitled to the proceeds of the checks. The third-party defendant's appeal from the denial of its motion for reargument is dismissed, without costs or disbursements.
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.