64 A.D.2d 563 | N.Y. App. Div. | 1978
Judgment, Supreme Court, New York County, entered October 18, 1977, affirmed, with one bill of $60 costs and disbursements of this appeal to respondent. Accepting the facts as stated in the dissent, we perceive no benefit in remanding for trial of a nonexistent factual issue. It defies reality to think that Zeltser could have formed an intent to misappropriate any particular checks prior to his operation of the facsimile signature machine; he had nothing to do with