Cook v. Bank of America, N.A.

Fabricant, Judith, J.

This action arises from negotiation of a check with a forged signature purporting to be that of the plaintiff, Dane Cook. Seeking to recover his lost funds, Cook has brought this action against three financial institutions. Presently before the Court is the motion to dismiss of the defendant Bank of America (the bank). For the reasons that will be explained, the motion will be allowed.

BACKGROUND

For purposes of the present motion, the Court accepts as true all well-pleaded factual allegations of the complaint, but disregards conclusions and characterizations asserted…