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Globe Motor Car Co. v. First Fidelity Bank

New Jersey Superior Court, Appellate Division


June 24, 1996

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, AND 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.

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

Approved for Publication June 24, 1996.

Before Judges Havey, D'Annunzio and Braithwaite.

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 (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 (1990). Plaintiff's motion was made on the eve of trial and almost three years after the complaint was filed.

Affirmed.

19960624


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