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REGATOS v. N. FORK BANK

5 N.Y.3d 395 (2005)

838 N.E.2d 629

804 N.Y.S.2d 713

TOMÁZ MENDES REGATOS, Respondent, v. NORTH FORK BANK et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 20, 2005.

Attorney(s) appearing for the Case

Wickham, Bressler, Gordon & Geasa, P.C., Melville (Eric J. Bressler of counsel), for appellants.

Lopez Romero & Montelione, P.C., New York City (Richard J. Montelione and Luis Alfredo Romero of counsel), for respondent.

Sullivan & Cromwell LLP, New York City (H. Rodgin Cohen, Bruce E. Clark, Michael M. Wiseman and Stacey R. Friedman of counsel), and Norman R. Nelson for Clearing House Association L.L.C., amicus curiae.

Wilmer Cutler Pickering Hale and Dorr LLP, New York City (Christopher J. Meade and Anne K. Small of counsel), and Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC (Bruce E. Coolidge of counsel), for American Bankers Association and others, amici curiae.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

The United States Court of Appeals for the Second Circuit, by certified questions, asks us whether a commercial bank customer can recover funds that the bank improperly transferred out of his account, even though he did not notify the bank of the unauthorized transfer until well after the time limit stated in his account agreement. This issue requires us to decide whether...

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