Manhattan Medical Diagnostic & Rehabilitation, P.C. v. Wachovia National Bank, N.A.

Plaintiff alleges that Wachovia failed to act in a commercially reasonable manner in allowing third-party defendant Paswall to open a checking account in plaintiffs name, resulting in the conversion of checks payable to plaintiff.

The record establishes that Wachovia acted in a commercially reasonable manner in opening the subject account. Wachovia’s vice-president identified the documents relied upon in opening the account, including a certificate of incorporation, a corporate resolution and a copy of Paswall’s driver’s license, and set forth that the bank’s conduct was reasonable under the…