Legal Opinion

Robinson Motor Xpress, Inc. v. HSBC Bank, USA

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2006PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Spolzino, J.

This is an action to recover approximately $116,000 in checks drawn on the plaintiffs account on signatures allegedly forged by an employee of the plaintiff. The principal issue is whether the plaintiff, a banking customer of the defendant, is barred from recovery against the defendant by UCC 4-406 (4). The Supreme Court, among other things, granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff had failed to notify the defendant of the alleged forgery in writing within one year of the date on which the…

2Cases cited46 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
  4. Ingle v. Glamore Motor Sales, Inc.New York Court of Appeals · 1989
  5. Prudential-Bache Securities, Inc. v. Citibank, N. A.New York Court of Appeals · 1989

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3Cited by23 opinions

  1. Village of Kiryas Joel v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2016
  2. 2006 Frank Calandra, Jr. Irrevocable Trust v. Signature Bank Corp.District Court, S.D. New York · 2011
  3. In re Estate of PoldrugovazAppellate Division of the Supreme Court of the State of New York · 2008
  4. Simi Management Corp. v. Bank of America, N.A.District Court, N.D. California · 2013
  5. In re the Liquidation of Midland InsuranceNew York Supreme Court · 2008

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