Tomaz Mendes Regatos v. North Fork Bank and New Commercial Bank of New York, North Fork Bancorporation

WESLEY, Circuit Judge.

Familiarity with the facts of this case, as set forth in our prior opinion, see Regatos v. North Fork Bank, 396 F.3d 493 (2d Cir.2005), is assumed. The Commercial Bank of New York and its successor-in-interest, North Fork Bank (together, “CBNY”), appeal from a judgment of the United States District Court for the Southern District of New York (Scheindlin, J.). The District Court denied CBNY’s motion for summary judgment, holding that the one-year statute of repose created by UCC § 4A-505 cannot be varied by agreement of the parties and accordingly rejected CBNY’s argument…