Opinion
April 17, 1950.
Action by a fiduciary against a bank to recover money damages occasioned by reason of the withdrawal by plaintiff's predecessor of funds, by checks, from an account which the predecessor had maintained at the bank in his name as such fiduciary, which checks were deposited in an account maintained by a corporation at the same bank. Order granting plaintiff's motion for partial summary judgment, and the judgment entered thereon, reversed on the law, with $10 costs and disbursements, and the motion denied, without costs. The action is not one of those in which summary judgment may be granted. (Rules Civ. Prac., rule 113.) Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur. [ 196 Misc. 492.]