Legal Opinion

Forman v. First National Bank of Woodridge

New York Supreme Court

Decided February 24, 1971PublishedCited by 4 opinions

1Opinion of the CourtA. Franklin Mahoney, J.

This is a motion by the defendant for summary judgment dismissing the complaint on various grounds but principally because the action is time barred by the provisions of CPLR 214.

The plaintiffs allege that their names, as copayees, on a check for $1,300, were forged and, further, that defendant bank converted the proceeds by crediting the account of another copayee. The check for $1,300 was made on January 19,1965 and allegedly converted on the same date. This action was commenced June 20, 1968.

Section 3-419 (subd. [1], par. [e]) of the Uniform Commercial Code states as follows:

“ (1) An…

2Cases cited2 opinions

Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
Gibraltar Realty Corp. v. Mount Vernon Trust Co.New York Court of Appeals · 1938

3Cited by4 opinions

Continental Casualty Co. v. Huron Valley National BankMichigan Court of Appeals · 1978
Simmons v. LennonCourt of Special Appeals of Maryland · 2001
Sony Corp. of America v. American Express Co.Civil Court of the City of New York · 1982
Continental Casualty Co. v. Huron Valley National BankMichigan Court of Appeals · 1978