J. Sussman, Inc. v. Manufacturers Hanover Trust Co.

The record amply demonstrates that the plaintiff failed to timely notify the defendant in writing of the alleged forgeries as required by the agreement of the parties and by Uniform *669Commercial Code § 4-406 (1) and (2); hence, the plaintiff cannot prevail in the instant action. Moreover, the plaintiff cannot avoid this result by alleging in conclusory fashion that the defendant failed to exercise reasonable care in paying the items (see, Uniform Commercial Code § 4-103 [1]; § 4-406 [3]). The defendant submitted an affidavit of its assistant vice-president in charge of its retail bookkeeping…