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BURNS & BECK v. CITIBANK

226 A.D.2d 142 (1996)

640 N.Y.S.2d 90

Burns & Beck, Respondent, v. Citibank, N. A., Appellant

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

April 4, 1996

In the case at bar, the only allegation made by plaintiff which defines the nature and extent of Citibank, N. A.'s purported wrongdoing is that Citibank did not act in a commercially reasonable fashion in negotiating the forged instruments. Such allegation, however, is insufficient to support a claim for consequential damages because a bank's failure to act in a commercially reasonable manner and to detect and report a check-forgery...

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