Tomaz Mendes Regatos v. North Fork Bank and New Commercial Bank of New York, North Fork Bancorporation

WESLEY, Circuit Judge.

Regatos, a citizen and domiciliary of Brazil, sued the Commercial Bank of New York and its successor-in-interest, North Fork Bank, (together, “CBNY”) for reimbursement of $600,000 (and interest thereon) that was removed without his authorization from his bank account with CBNY in two wire transfers in March and April of 2001. CBNY moved for summary judgment on the ground that Regatos failed to protest the transfers in a timely manner, as required by his account agreement. In a thoughtful opinion dealing with important matters of first impression under New York law, Judge…