American Home Assurance Co. v. Scarsdale National Bank & Trust Co.

OPINION OF THE COURT

Gerard E. Delaney, J.

During the period February to April, 1973, several checks— drawn on plaintiff — subrogor’s account with defendant were stolen and forged by a third party, and then cashed by defendant, resulting in an alleged loss to plaintiff subrogee of $7,434.52. The instant action was commenced in June, 1978. Defendant urges that the action is barred by the Statute of Limitations pursuant to CPLR 3211 (subd [a], par 5). Plaintiff’s theory is breach of contract in that defendant bank paid the forged checks and withdrew plaintiff’s funds without permission or consent…