Mesnick v. Hempstead Bank

OPINION OF THE COURT

John S. Lockman, J.

Upon the foregoing papers it is ordered that this motion by defendant Hempstead Bank to dismiss the first cause of action upon the ground that it is barred by the applicable Statute of Limitations is granted. (CPLR 3211, subd [a], par 5.)

In November of 1977, plaintiff opened a checking account with defendant bank in the name of Linda Mesnick Agency. During the next 18 months or so a total of approximately $60,000 was deposited into the account and paid out by checks. The account was closed on May 9, 1979. Plaintiff contends that the signatures upon the…