66 Misc. 2d 432 | N.Y. Sup. Ct. | 1971
This is a motion by the defendant for summary judgment dismissing the complaint on various grounds but principally because the action is time barred by the provisions of CPLR 214.
The plaintiffs allege that their names, as copayees, on a check for $1,300, were forged and, further, that defendant bank converted the proceeds by crediting the account of another copayee. The check for $1,300 was made on January 19,1965 and allegedly converted on the same date. This action was commenced June 20, 1968.
Section 3-419 (subd. [1], par. [e]) of the Uniform Commercial Code states as follows:
“ (1) An instrument is converted when 4fe" 4fc WWW
(c) it is paid on a forged endorsement. ’ ’
CPLR 214 states:
‘ ‘ The following actions must be commenced within three years:
*41. 45. TV TV
“2. an action to recover upon a liability, penalty or forfeiture created or imposed by statute except as provided in sections 213 and 215
The action having been commenced more than three years after it came into being is time barred. Defendant’s motion summarily dismissing the complaint is granted.