Legal Opinion
Garage Management Corp. v. Chase Manhattan Bank
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 2005PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered July 30, 2004, after a nonjury trial, which dismissed the complaint, unanimously affirmed, with costs.
Plaintiff alleges breach of contract of deposit by virtue of unauthorized payment of checks, specifically that the bank paid on checks bearing only a facsimile signature placed upon them by plaintiff’s dishonest controller as part of an embezzlement scheme.
The court properly held that recovery for payment on most of the checks comprising plaintiffs claim is time-barred since any disputed checks bearing the alleged…
2Cases cited4 opinions
- Putnam Rolling Ladder Co. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1989
- Monreal v. Fleet BankNew York Court of Appeals · 2000
- Gluck v. JP Morgan Chase BankAppellate Division of the Supreme Court of the State of New York · 2004
- New Gold Equities Corp. v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- Robinson Motor Xpress, Inc. v. HSBC Bank, USAAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of RayNew York Surrogate's Court · 2009