JOSEPHS v. BANK OF NEW YORK


302 A.D.2d 318 (2003)

756 N.Y.S.2d 518

BONNIE P. JOSEPHS, Appellant, v. BANK OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided February 27, 2003.


The motion court properly dismissed plaintiff's claims with respect to all allegedly forged checks reflected on statements made available to her prior to August 1, 2000, based on the plain language of UCC 4-406 (4) and defendant bank's checking account rules and regulations, both of which contained conditions precedent to asserting claims arising out of forgeries such as those alleged by plaintiff. The record establishes that the alleged forgeries by plaintiff's employee...

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