SEARS COOP. SAV. TRUST v. NORSTAR BANK OF UPSTATE NEW YORK


203 A.D.2d 904 (1994)

612 N.Y.S.2d 722

Sears Cooperative Savings Trust, by its Trustees, Thomas A. Sears and Another, Appellant, v. Norstar Bank of Upstate New York, Respondent. (Appeal No. 1.)

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

April 15, 1994


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted partial summary judgment in favor of defendant, Norstar Bank of Upstate New York. Uniform Commercial Code § 4-406 (1) provides in pertinent part that, when a bank sends its customer a statement of account "accompanied by items paid in good faith in support of the debit entries * * * the customer must exercise reasonable care and promptness to examine the statement...

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