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PARKS v. COMMERCE BANK, N.A.

872 A.2d 1116 (2005)

377 N.J. Super. 378

Pierre PARKS, Bayway Auto, Inc., A New Jersey Corporation, and Platinum Imports, Inc., A New Jersey Corporation, Plaintiffs-Respondents, v. COMMERCE BANK, N.A., Fleet Bank and Wachovia Bank, N.A., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 2005.

Attorney(s) appearing for the Case

Jonathan O. Bauer argued the cause for appellants (Anderson Kill & Olick, attorneys; Mr. Bauer, on the brief).

Bonnie J. Mota, Verona, argued the cause for respondents (The Margolis Law Firm, attorneys; Martin G. Margolis, Ms. Mota and Lawrence D. Weinberg, admitted pro hac vice, on the brief).

Before Judges LEFELT, ALLEY and FUENTES.

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal,1 we are called upon to decide whether a bank may stop payment on a cashier's check or reverse a wire transfer against the wishes of its customer. The bank's actions were prompted by the insufficiency of funds in the customer's account, which was discovered by the bank after the issuance of the certified instruments...

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