PUTNAM ROLLING LADDER CO., INC. v. MFRS. HANOVER TRUST CO.


144 A.D.2d 304 (1988)

Putnam Rolling Ladder Co., Inc., Respondent-Appellant, v. Manufacturers Hanover Trust Company, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 22, 1988


Plaintiff failed to establish a lack of ordinary care by defendant bank in paying 37 checks which bore signatures forged by one of plaintiff's employees. Consequently, plaintiff, which failed to discover the unauthorized signatures timely or to notify the bank thereof after the first such check was paid, was precluded under UCC 4-406 (2) from asserting its claims against the bank. In finding that the bank failed in its duty of care, the trial court relied on plaintiff's evidence...

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