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DIMOVICH v. ONBANK & TRUST CO.

242 A.D.2d 922 (1997)

662 N.Y.S.2d 644

Anastas M. Dimovich, Appellant, v. Onbank & Trust Co., Formerly Known as Merchants National Bank & Trust Company of Syracuse, Respondent

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

September 30, 1997

Order and judgment unanimously affirmed with costs.

Memorandum:

We reject plaintiff's contention that Supreme Court erred in applying UCC 4-406 (4) to the facts of this case. Pursuant to UCC 4-406 (4), without regard to care or lack of care, a bank customer who does not within one year from the date when his statements and items, such as withdrawal slips, are made available to him "discover and report his unauthorized signature * * * on the face * * * of the...

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