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REGATOS v. NORTH FORK BANK

Docket No. 03-9024.

396 F.3d 493 (2005)

Tomaz Mendes REGATOS, Plaintiff-Appellee, v. NORTH FORK BANK and New Commercial Bank Of New York, Defendants-Appellants, North Fork Bancorporation, Defendant.

United States Court of Appeals, Second Circuit.

Certified January 27, 2005.

Attorney(s) appearing for the Case

Eric J. Bressler, Wickham, Bressler, Gordon & Geasa, P.C., Melville, New York, for Defendants-Appellants.

Daniel Kobrinik, Lopez & Romero, P.C., New York, New York (Eduardo F. Lopez, Luis Alfredo Romero, Vanessa M. Flores, on the brief), for Plaintiff-Appellee.

Before: WALKER, Chief Judge, FEINBERG and WESLEY, Circuit Judges.

Questions Certified to the New York Court of Appeals: January 27, 2005.

WESLEY, Circuit Judge.

Regatos, a citizen and domiciliary of Brazil, sued the Commercial Bank of New York and its successor-in-interest, North Fork Bank, (together, "CBNY") for reimbursement of $600,000 (and interest thereon) that was removed without his authorization from his bank account with CBNY in two wire transfers in March and April of 2001. CBNY moved for summary judgment on the...

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