Gress v. PNC Bank, National Ass'n

MEMORANDUM

POLLAK, District Judge.

This diversity case concerns a $93,506.45 treasurer’s check that was allegedly issued by a predecessor of PNC Bank (“PNC”), whose principal place of business is Pennsylvania, and was made payable to Elmer and Margaret Gress, who reside in New York. The complaint presents six counts, which, in turn, present two basic allegations: first, that PNC wrongfully retains or has already wrongfully paid a third party the contested $93,506.45, and second, that PNC wrongfully cannot produce any record of the check’s payment or nonpayment.

PNC, in turn, has moved to dismiss…