Globe Motor Car Co. v. First Fidelity Bank, N.A. New Jersey

• Decision Date: 24 June 1996
• Citation: 291 N.J.Super. 428,677 A.2d 794
• Parties: , 30 UCC Rep.Serv.2d 571 GLOBE MOTOR CAR COMPANY, Plaintiff-Appellant, v. FIRST FIDELITY BANK, N.A., NEW JERSEY, and Equifax, Defendants-Respondents, and John W. Gallo; Petrics, Meskin & Nassaur; Phil (last name unknown); R. Crossan; Jack Desposito; Max (last name unknown); Sharon Gallo; W. Klarman; Jimmy Hawkins; Jimmy Var; Walter Harlye; Scott Gallo; Turk Jordan, and Does 1 through 4, Defendants. FIRST FIDELITY BANK, N.A., NEW JERSEY, Third-Party Plaintiff, v. Joseph CHNAPKO, Yaffa Chnapko, Camelot Leasing, Inc., Globe Motor Car Leasing Corp. and J.P. Chnapko, Inc., Third-Party Defendants.
• Court: New Jersey Superior Court — Appellate Division

Page 428

291 N.J.Super. 428

677 A.2d 794, 30 UCC Rep.Serv.2d 571

GLOBE MOTOR CAR COMPANY, Plaintiff-Appellant, v. FIRST FIDELITY BANK, N.A., NEW JERSEY, and Equifax,

Defendants-Respondents,

and

John W. Gallo; Petrics, Meskin & Nassaur; Phil (last name

unknown); R. Crossan; Jack Desposito; Max (last name

unknown); Sharon Gallo; W. Klarman; Jimmy Hawkins; Jimmy

Var; Walter Harlye; Scott Gallo; Turk Jordan, and Does 1

through 4, Defendants.

FIRST FIDELITY BANK, N.A., NEW JERSEY, Third-Party Plaintiff, v. Joseph CHNAPKO, Yaffa Chnapko, Camelot Leasing, Inc., Globe

Motor Car Leasing Corp. and J.P. Chnapko, Inc.,

Third-Party Defendants.

Superior Court of New Jersey,

Appellate Division.

Argued May 28, 1996.

Decided June 24, 1996.

Before Judges HAVEY, D'ANNUNZIO and BRAITHWAITE.

On appeal from Superior Court of New Jersey, Law Division, Essex County, whose opinion is published at 273 N.J. Super. 388, 641 A.2d 1136.

Peter W. Till, Newark, for appellant Globe Motor Car Co. (Anthony J. Fusco, Jr., Passaic, attorney).

Dennis T. Kearney, Morristown, for respondent First Fidelity Bank, N.A. (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Kearney and Loryn P. Riggiola, on the brief).

Robert J. Kelly, Morristown, for respondent Equifax Services, Inc. (McElroy, Deutsch & Mulvaney, attorneys; Mr. Kelly and Robert J. McGuire, on the brief).

PER CURIAM.

In this lender-liability action by an automobile dealership against its creditor-bank and the bank's agent, plaintiff appeals from a summary judgment in favor of First Fidelity Bank and Equifax. The trial court's opinion is published at 273 N.J.Super. 388, 641 A.2d 1136 (Law Div.1993).

We now affirm the summary judgment substantially for the reasons expressed by the trial court in section I of its opinion. Section II of the opinion addresses the substance of plaintiff's claim against the bank for paying forged or altered checks. That section of the opinion is dictum because those claims were not properly before the trial court. The trial court had denied plaintiff's motion to amend its complaint to assert a cause of action based on the bank's payment of forged instruments. We affirm the order denying plaintiff leave to amend, as we perceive no mistaken exercise of discretion in that regard. See Fisher v. Yates, 270 N.J.Super. 458, 467, 637 A.2d 546 (App.Div.1994); Du-Wel Products, Inc. v. United States Fire Ins. Co., 236 N.J.Super. 349, 364, 565 A.2d 1113 (App.Div.1989), certif. denied, 121 N.J. 617, 583 A.2d 316 ...