Fischer & Mandell LLP v. Citibank, N.A.

CHIN, Circuit Judge:

In January 2009, pro se plaintiff-appellant Fischer & Mandell LLP (“F & M”), a law firm, deposited a check for $225,351 into its account at defendant-appellee Citibank, N.A. (“Citibank”). The funds were made “available” before the check cleared, and F & M wired most of the funds elsewhere. The check, however, turned out to be counterfeit and was dishonored. Citibank debited the account the amount of the check plus a $10 returned check fee.

F & M brought this action below for breach of contract and negligence, contending that it relied on Citibank’s advice that the funds…