WOODS v. MONY LEGACY LIFE INS


84 N.Y.2d 280 (1994)

641 N.E.2d 1070

617 N.Y.S.2d 452

Dorothy Woods, Appellant, v. MONY Legacy Life Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1994.


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo (John A. Collins of counsel), for appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo (Cindy Kaplan Bennes and Paul F. Jones of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

UCC 4-406 (4) bars suit to recover amounts paid by a bank on a forged instrument unless the customer gives written notice of the forgery within one year of the time the account statement was made available. On this appeal, defendant claims it should be treated as a "bank" for purposes of applying UCC 4-406 (4) because it performed the function of a bank in administering plaintiff's money market...

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