Shutter v. HSBC Bank USA

OPINION OF THE COURT

Michael F. McKeon, J.

This small claims action arose as the result of a mistake in addition during a routine bank deposit. Plaintiff opened a savings account at defendant bank with the deposit of a number of checks on September 11, 2003. Defendant credited plaintiffs account and returned a validated deposit slip. Both parties totaled the instruments at the time of the deposit.

*920On the same day, defendant issued notice to plaintiff that her account had been charged back $400 due to a mathematical error on the deposit slip. Plaintiff now sues to recover that amount, claiming…