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ROBINSON MOTOR v. HSBC BANK

37 A.D.3d 117 (2006)

826 N.Y.S.2d 350

ROBINSON MOTOR XPRESS, INC., Appellant, v. HSBC BANK, USA, Respondent.

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

December 5, 2006.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (Herbert Rubin, David B. Hamm and Jeannine LaPlace of counsel), for appellant.

Phillips Lytle, LLP, New York City (Meredith L. Friedman and Anthony DiPaolo of counsel), for respondent.

CRANE, J.P., MASTRO and RIVERA, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

This is an action to recover approximately $116,000 in checks drawn on the plaintiff's account on signatures allegedly forged by an employee of the plaintiff. The principal issue is whether the plaintiff, a banking customer of the defendant, is barred from recovery against the defendant by UCC 4-406 (4). The Supreme Court, among other things, granted the defendant's motion for summary judgment dismissing the complaint on...

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