Levy v. Chemical Bank

OPINION OF THE COURT

Joseph J. Saladino, J.

The plaintiff is suing the defendant Chemical Bank for the sum of $57.04, which plaintiff claims should be the present balance of his passbook savings account at defendant bank. Chemical Bank’s defense is that the rules and regulations of the bank provide that where the account is under $200, they are entitled to a monthly service charge. The bank claims that the balance of plaintiff’s account is now approximately $32, due to setoff for the service charge. The bank justifies its right to setoff by pointing to the contract between the parties, alleging…