Monreal v. Fleet Bank

—Order unanimously modified on the law and as modified affirmed with costs to defendant in accordance with the following Memorandum: Plaintiff was the victim of embezzlement by his bookkeeper from 1988 through May 10, 1995. It is undisputed that defendant mailed monthly statements of accounts and canceled checks to plaintiff beginning in 1989. Plaintiff notified defendant of the forged and altered checks on May 18, 1995 and commenced this action on January 14, 1997, alleging negligence and breach of contract.

Supreme Court erred in denying in part defendant’s cross motion for summary judgment…