New Gold Equities Corp. v. Chemical Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 11, 1997, which, in an action by plaintiff customer to recover amounts paid by defendant bank on allegedly forged checks, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
The IAS Court properly rejected plaintiff’s claim that its request to defendant for previous bank statements and cancelled checks constituted a “report” to defendant under UCC 4-406 (4), which requires a writing (see, Woods v MONY Legacy Life Ins. Co., 84 NY2d 280, 282) clearly identifying…
2Cases cited4 opinions
- Prudential-Bache Securities, Inc. v. Citibank, N. A.New York Court of Appeals · 1989
- Woods v. MONY Legacy Life InsuranceNew York Court of Appeals · 1994
- American Building Maintenance Co. of California Inc. v. Federation Bank & Trust Co.District Court, S.D. New York · 1963
- Indemnity Insurance Company of North America v. Fulton National BankCourt of Appeals of Georgia · 1963
3Cited by5 opinions
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- Lamm v. State Street Bank & Trust Co.District Court, S.D. Florida · 2012
- Garage Management Corp. v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of RayNew York Surrogate's Court · 2009
- Ryan v. Fleet BankAppellate Division of the Supreme Court of the State of New York · 2001