Lancellotti v. Bank of New York

OPINION OF THE COURT

William H. Pohlmann, J.

The sole issue in this case is whether the defendant has rebutted the dollar figures on a receipted deposit slip issued in the normal course of banking business to plaintiff, Michael Lancellotti, one of its customers.

CONFLICTING CLAIMS

Plaintiff maintains a joint checking account at the Ardsley branch of the Bank of New York. On February 28, 1983 he handed a teller at defendant bank two checks totaling $870.13 (one amounting to $572, and the other $298.13) and a deposit slip which he prepared. The plaintiff testified that he sought to cash the $298.13…