Ryan v. Fleet Bank

—Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action in October 1994 alleging that defendant negligently administered his bank accounts between January 1990 and August 1993, thus allowing his bookkeeper and office manager to defraud him in excess of $400,000 through a series of forged checks and unauthorized withdrawals. Supreme Court granted defendant’s motion seeking summary judgment dismissing the complaint pursuant to UCC 4-406 (4) on the ground that plaintiff waited until…