LAWYERS' FUND v. MORGAN GUARANTY TRUST CO

Ordered that the judgment is affirmed, with costs.

The defendant, Morgan Guaranty Trust Company of New York (hereinafter Morgan Guaranty), converted a $101,000 check drawn on the account of Melville Fergang when it paid over the forged endorsement of the named payee ( see, UCC 3-419 [c]; Tonelli v. Chase Manhattan Bank, 41 N.Y.2d 667). Consequently, Morgan was liable to the substituted plaintiff, the Lawyers' Fund for Client Protection, as subrogee of the rights of Melville Fergang.

The contention of Morgan Guaranty that Melville Fergang, and hence, the Lawyers' Fund for Client Protection, would be unjustly enriched by the award, is without merit ( cf., Goldstein Assocs. v. Bank of N.Y., 204 A.D.2d 288; Sweeney v. National Bank, 263 App. Div. 418, affd 290 N.Y. 624).

The remaining contentions of Morgan Guaranty are without merit.

O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.