Banco Di Napoli Trust Co. v. Levi

240 A.D. 1027 | N.Y. App. Div. | 1934

Judgment, and order in so far as it grants plaintiff's motion *1028for summary judgment, reversed, with costs to the appellant, and the said motion denied, on the ground that a triable issue is raised as to whether notice of dishonor was ever given to one who was defendant’s “ agent in that behalf.” (See Neg. Inst. Law, § 168.) Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.