SCALI v. KEY BANK OF NEW YORK


203 A.D.2d 551 (1994)

611 N.Y.S.2d 21

Nicholas J. Scali, Respondent, v. Key Bank of New York, N.A., et al., Appellants

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

April 25, 1994


Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the complaint is dismissed.

We agree with the defendants' contention that the plaintiff lacks standing to maintain an action pursuant to UCC 4-402 for wrongful dishonor of a check. UCC 4-402 provides that "[a] payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item" (emphasis added). The term "customer" is defined...

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