Argon Elec. Corp. v Capital One, N.A., 2016 NY Slip Op 08945 [145 AD3d 634]

December 29, 2016

Appellate Division, First Department

[*1]

Argon Electrical Corp., Appellant,

v

Capital One, N.A., Respondent.

Amos Weinberg, Great Neck, for appellant.

Lazer, Aptheker, Rosella & Yedid, P.C., Melville (Joseph C. Savino of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Jennifer G. Schecter, J.), entered November 4, 2015, denying plaintiff’s motion for summary judgment, granting defendant’s cross motion for summary judgment, and dismissing the complaint, unanimously affirmed, without costs.

Plaintiff is correct that defendant, who did not have a corporate resolution with regard to signing authority on judgment debtor’s account, lost the protection of Banking Law § 9. However, because there was no evidence of wrongdoing, fraud, forgery or misappropriation of any of the checks at issue, plaintiff failed to raise a triable issue of fact on its claims of conversion or for money had and received ( see Colavito v New York Organ Donor Network, Inc. , 8 NY3d 43 , 49-50 [2006]; Parsa v State of New York , 64 NY2d 143, 151 [1984]). Concur—Acosta, J.P., Renwick, Andrias, Saxe and Gische, JJ..