BANK SADERAT IRAN v. OMEGA INDUSTRIES INC (1999)

Supreme Court, Appellate Division, First Department, New York.

BANK SADERAT IRAN, etc., Plaintiff-Respondent, v. OMEGA INDUSTRIES, INC., Defendant-Appellant.

Decided: October 28, 1999

ELLERIN, P.J., NARDELLI, LERNER, ANDRIAS and FRIEDMAN, JJ.

Paul T. Saqqal, for Plaintiff-Respondent. E. Judson Cender, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Charles Ramos, J.), entered July 6, 1998, after a nonjury trial, in favor of plaintiff bank and against defendant customer in the principal amount of $529,974.79, unanimously affirmed, with costs.

The record, including, in particular, the promissory note that defendant gave plaintiff, supports the trial court's finding that defendant authorized an overdraft on its account to cover an obligation properly payable from that account (UCC 4-401[1] ), waiving an earlier injunction prohibiting plaintiff from charging such account to pay such obligation. There was no prejudice to defendant resulting from the grant of plaintiff's motion to conform the pleadings to the proof, since defendant was on notice that the charge it authorized on its account was the obligation underlying the promissory note on which plaintiff had originally based its claim (see, Edenwald Contr. Co. v. City of New York, 60 N.Y.2d 957, 959, 471 N.Y.S.2d 55, 459 N.E.2d 164).

MEMORANDUM DECISION.

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