GLUCK v. JP MORGAN CHASE BANK


12 A.D.3d 305 (2004)

785 N.Y.S.2d 77

IRVING GLUCK, Appellant, v. JP MORGAN CHASE BANK, Respondent.

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

November 23, 2004.


Under the parties' deposit account agreement, the bank is not to be held responsible to the customer for losses caused by checks cashed over the customer's forged signature unless, inter alia, the customer gave the bank written notice of the forgery within 60 days of his receipt of the monthly statement containing the forged check. The motion court held, and the customer acknowledges, that the effect of such agreement was to abbreviate a statutory one-year condition precedent...

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