Porter v. Citibank, N. A.

OPINION OF THE COURT

Edward H. Lehner, J.

To withdraw funds from your Citibank account at any time all you need do is place your card in their machine, enter your secret code, and then push a button. So the advertisement goes. But, complains the plaintiff, on two occasions this was done, no money was received, and yet his account was charged. Thus the court is faced with another type of dispute between man and machine, for which no precedent has been found.

Plaintiff testified that on August 23, 1983, he sought to withdraw $100 from his checking account. When no money was dispensed from the…