Legal Opinion
Associated Home & RV Sales, Inc. v. Bank of Belen
New Mexico Court of Appeals
Decided October 30, 2012No. Docket 30,829PublishedCited by 8 opinions
1Opinion of the Court
OPINION
CASTILLO, Chief Judge.
{1} In this appeal, we address three issues. W e consider for the first time whether NMSA 1978, Section 55-4-406 (1992) of New Mexico’s Uniform Commercial Code (UCC) precludes common law claims for negligence and breach of contract in transactions involving forged checks. We also analyze the effects of Section 55-4-406’s one-year statute of repose on its thirty-day limit for bringing actions involving the same serial forger. Lastly, we consider the district court’s dismissal without prejudice of the count of fraud for lack of specificity. We conclude that the UCC…
2Cases cited43 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Sun'n Sand, Inc. v. United California BankCalifornia Supreme Court · 1978
- Fischer & Mandell LLP v. Citibank, N.A.Court of Appeals for the Second Circuit · 2011
- Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
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3Cited by8 opinions
- State v. WatchmanNew Mexico Court of Appeals · 2005
- Valerio v. San Mateo Enterprises, Inc.New Mexico Court of Appeals · 2017
- NM-Emerald, LLC v. Interstate Dev., LLCNew Mexico Court of Appeals · 2021
- Citimortgage, Inc. v. GarciaNew Mexico Court of Appeals · 2022
- Hernandez v. Grando's LLCNew Mexico Court of Appeals · 2018
3 more not listed; retrieve them via the Exa API.