Golden v. Citibank, N.A., 11 N.E.3d 194 (NY 2014). · Go Syfert
Golden v. Citibank, N.A., 11 N.E.3d 194 (NY 2014). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Wells Fargo Bank, NA v. Ostiguy
N.Y. App. Div. · 2015 · confidence medium
Bank, 257 NY 441, 445 [1931]; Gates v Manufacturers *1377 Hanover Trust Co. I Capital Region, 98 AD2d 829, 829 [1983], abrogated on other grounds Golden v Citibank, N.A., 23 NY3d 935, 936 [2014]).
discussed Cited "see, e.g." People v. Joseph (Deborah)
N.Y. App. Term. · 2017 · signal: see also · confidence low
Here, inasmuch as the bank check at issue bears only the name and address of M & T Bank, the bank is the ostensible drawer of the check ( see People v Briggins , 50 NY2d at 307 ; People v Levitan , 49 NY2d at 92 ; see also Golden v Citibank, N.A. , 23 NY3d 935 , 936 [2014]; Dziurak v Chase Manhattan Bank, N. A. , 44 NY2d 776 , 777 [1978]).
Retrieving the full opinion text from the archive…
Richard N. Golden
v.
Citibank, N.A.
New York Court of Appeals.
May 6, 2014.
11 N.E.3d 194
APPEARANCES OF COUNSEL, Zeichner Ellman & Krause LLP, New York City (Barry J. Glickman and Bruce S. Goodman of counsel), for appellant., Richard N. Golden, Forest Hills, respondent pro se.
Abdus, Graffeo, Lippman, Pigott, Read, Rivera, Salaam, Smith.
Cited by 2 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

A cashier’s check — essentially, a check drawn by a bank on itself — is presumed to have been issued for value, and the issuance of such a check constitutes an acceptance by the issuing bank, which gives rise to an obligation to pay (see Dziurak v Chase Manhattan Bank, N. A., 44 NY2d 776, 777 [1978]; Hart v [*937] North Fork Bank, 37 AD3d 414, 415 [2d Dept 2007]; Matter of Bank of U.S., 243 App Div 287, 291 [1st Dept 1935]; Bobrick v Second Natl. Bank of Hoboken, 175 App Div 550, 552 [1st Dept 1916], affd 224 NY 637 [1918]; Kaufman v Chase Manhattan Bank, N.A., 370 F Supp 276, 278 [SD NY 1973]). When a bank has issued a cashier’s check, it cannot stop payment, “unless there is evidence of fraud, or the check is lost, stolen, or destroyed” (Hart, 37 AD3d at 415 [citations omitted]). To the extent Gates v Manufacturers Hanover Trust Co./Capital Region (98 AD2d 829 [3d Dept 1983]) holds otherwise, it was wrongly decided and should not be followed.

Plaintiff demonstrated prima facie entitlement to judgment as a matter of law on his first cause of action, to compel payment on a cashier’s check, and defendant, in opposition, failed to raise a triable issue of fact. Thus, the Appellate Division properly granted plaintiffs motion for summary judgment.

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

Order affirmed, with costs, in a memorandum.