MEMORANDUM AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON COUNT TWO AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON COUNT TWO
GENE CARTER, District Judge.
On June 1, 1981, the Defendant, The Bank of New York (BNY), certified a $60,000 check drawn by White Plains Hospital Medical Center (Hospital) on its account at BNY payable to the order of Charles and Jean Thornton. On June 8, 1981, BNY stopped payment pursuant to a phone call it...
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