Ognibene v. Citibank, N. A.

OPINION OF THE COURT

Mara T. Thorpe, J.

Plaintiff seeks to recover $400 withdrawn from his account at the defendant bank by an unauthorized person using an automated teller machine. The court has concluded that plaintiff was the victim of a scam which defendant has been aware of for some time.

Defendant’s witness, an assistant manager of one of its branches, described how the scam works: A customer enters the automated teller machine (ATM) area for the purpose of using a machine for the transaction of business *220with the bank. At the time that he enters, a person is using the customer service…