Valley Bank of New York v. Winston

Full title: VALLEY BANK OF NEW YORK, Appellant, v. IRVING WINSTON et al., Defendants…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 1976

54 A.D.2d 759 (N.Y. App. Div. 1976)

Opinion

October 25, 1976

In an action inter alia to recover damages for nonpayment of a check, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated April 19, 1976, as denied its motion for leave to serve a supplemental complaint. Order affirmed insofar as appealed from, with $50 costs and disbursements. The proposed pleading, as a matter of law, does not state a cause of action (cf. Grafer v Marco Beer Beverages, 36 A.D.2d 295, app dsmd 29 N.Y.2d 641). Hopkins, Acting P.J., Latham, Shapiro and Hawkins, JJ., concur.