Legal Opinion
Dimovich v. OnBank & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1997PublishedCited by 3 opinions
1Opinion of the Court
Order and judgment unanimously affirmed with costs. Memorandum: We reject plaintiffs contention that Supreme Court erred in applying UCC 4-406 (4) to the facts of this case. Pursuant to UCC 4-406 (4), without regard to care or lack of care, a bank customer who does not within one year from the date when his statements and items, such as withdrawal slips, are made available to him “discover and report his unauthorized signature * * * on the face * * * of the item[s] * * * is precluded from asserting against the bank such unauthorized *923signature” (Sears Coop. Sav. Trust v Norstar Bank, 203 AD2d…
2Cases cited5 opinions
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Podraza v. CarrieroAppellate Division of the Supreme Court of the State of New York · 1995
- ICS/Executone Telecom, Inc. v. Performance Parts Warehouse, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Touro College v. Bank Leumi Trust Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Sears Cooperative Savings Trust v. Norstar Bank of Upstate New YorkAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- Cruz v. NYNEX Information ResourcesAppellate Division of the Supreme Court of the State of New York · 2000
- Flax v. Lincoln National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Baker v. Town of WallkillAppellate Division of the Supreme Court of the State of New York · 2011