In Banco DiRoma v. Merchants Bank of N.Y. (251 AD2d 139 [1st Dept 1998], lv denied 92 NY2d 808), the lower court granted plaintiff bank summary judgment on cashier's checks. In affirming the decision, the Appellate Division stated as follows: "As was implicitly recognized by this court in 1983, holder in due course status will be denied to a bank that takes a cashier's check with notice of fraud by another. Here, however, summary judgment was properly granted to plaintiff bank upon the finding that plaintiff was a holder in due course, because defendant did not sustain its burden to provide evidentiary proof that plaintiff took the instruments in question with actual notice of the defense of fraud or in bad faith. The burden of establishing such actual notice, even to the extent necessary to avoid summary judgment, is an exacting one as it must be met without recourse to any 'objective test which might involve constructive knowledge' " (at 139 ).