Legal Opinion
Clemente Bros. Contracting Corp. v. Hafner-Milazzo
New York Court of Appeals
Decided May 8, 2014PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The primary issue presented is whether a bank and its customer may agree to shorten from one year to 14 days the statutory time period under UCC 4-406 (4) within which a customer must notify its bank of an improperly paid item in order to recover the payment thereon. In two opinions issued over 20 years ago, this Court declined to decide this issue because it was not presented directly, but questioned whether a 14-day period could be reasonable and observed that the question ‘‘raise[d] policy considerations” (Putnam Rolling Ladder Co. v Manufacturers…
2Cases cited8 opinions
- Putnam Rolling Ladder Co. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1989
- Monreal v. Fleet BankNew York Court of Appeals · 2000
- Regatos v. North Fork BankNew York Court of Appeals · 2005
- SOS Oil Corp. v. Norstar Bank of Long IslandNew York Court of Appeals · 1990
- Borowski v. Firstar Bank Milwaukee, N.A.Court of Appeals of Wisconsin · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- DCFS USA, LLC v. Metro Construction EquitiesAppellate Division of the Supreme Court of the State of New York · 2014
- OneWest Bank, FSB v. Deutsche Bank Natl. Trust Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Weiser v. Citigroup, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- Weiser v. Citigroup, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- ARTISTIC TILE, INC. v. JPMORGAN CHASE BANK, N.A.District Court, D. New Jersey · 2024
6 more not listed; retrieve them via the Exa API.