Robert Francis Construction Co. v. MassBank for Savings

Plaintiff, Robert Francis Construction Co., Inc. (Francis), brought this contract action to recover $137,000 which it alleges defendant MassB-ank for Savings (MassBank) wrongfully paid out upon a series of checks which were forgeries made by plaintiffs bookkeeper, Dominic DiLuzio (DiLuzio). Defendant moves for partial summary judgment on the grounds that M.G.L.c. 106, §4-406(4), as a matter of law, provides an absolute bar to plaintiffs claims with respect to any statement or item made available to plaintiff over one year prior to November 14, 1991, the date of notice given to MassBank of the…