Legal Opinion
Woods v. MONY Legacy Life Insurance
New York Court of Appeals
Decided October 20, 1994PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
UCC 4-406 (4) bars suit to recover amounts paid by a bank on a forged instrument unless the customer gives written notice of the forgery within one year of the time the account statement was made available. On this appeal, defendant claims it should be treated as a "bank” for purposes of applying UCC 4-406 (4) because it performed the function of a bank in administering plaintiff’s money market checking ac count. We conclude that defendant was entitled to invoke UCC 4-406 and that, because plaintiff failed to give timely notice, the complaint was properly…
2Cases cited5 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Putnam Rolling Ladder Co. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1989
- National Surety Co. v. President & Directors of the Manhattan Co.New York Court of Appeals · 1929
- Mesnick v. Hempstead BankNew York Supreme Court · 1980
- McMickle v. Girard BankSupreme Court of Pennsylvania · 1986
3Cited by36 opinions
- Edward J. Minskoff Edward J. Minskoff Equities, Inc. v. American Express Travel Related Services Company, Inc.Court of Appeals for the Second Circuit · 1996
- American Airlines Employees Federal Credit Union v. MartinTexas Supreme Court · 2000
- Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 2010
- Monreal v. Fleet BankNew York Court of Appeals · 2000
- Govoni & Sons Construction Co. v. Mechanics BankMassachusetts Appeals Court · 2001
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