Bank of America, N.A. v. Mazon State Bank

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

This is a case between two banks involved in the processing and payment of a fraudulent check. The issue is which bank bears the financial responsibility. Plaintiff, Bank of America, has moved for summary judgment. For the reasons that follow, Plaintiffs motion is denied.

I. BACKGROUND

On August 12, 2004, The Pharmaceutical Research and Manufacturers of America (“PhRMA”) — one of Bank of America’s customers — issued and signed check number 88175 dated August 12, 2004. The check, on its account at Bank of America, was made payable to the…