Legal Opinion
Regatos v. North Fork Bank
New York Court of Appeals
Decided October 20, 2005PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
The United States Court of Appeals for the Second Circuit, by certified questions, asks us whether a commercial bank customer can recover funds that the bank improperly transferred out of his account, even though he did not notify the bank of the unauthorized transfer until well after the time limit stated in his account agreement. This issue requires us to decide whether the one-year period of repose in our Uniform Commercial Code § 4-A-505 may be modified by agreement. We also resolve whether UCC 4-A-204 (1) requires the bank actually to send the customer…
2Cases cited3 opinions
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Regatos v. North Fork BankDistrict Court, S.D. New York · 2003
- Tomaz Mendes Regatos v. North Fork Bank and New Commercial Bank of New York, North Fork BancorporationCourt of Appeals for the Second Circuit · 2005
3Cited by24 opinions
- Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 2010
- Zengen, Inc. v. Comerica BankCalifornia Supreme Court · 2007
- Robinson Motor Xpress, Inc. v. HSBC Bank, USAAppellate Division of the Supreme Court of the State of New York · 2006
- 2006 Frank Calandra, Jr. Irrevocable Trust v. Signature Bank Corp.District Court, S.D. New York · 2011
- Anderson v. Branch Banking & Trust Co. ex rel. BankAtlantic, LLCDistrict Court, S.D. Florida · 2015
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