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MANHATTAN MEDICAL DIAGNOSTIC & REHABILITATION, P.C. v. WACHOVIA NATIONAL BANK, N.A.

49 A.D.3d 461 (2008)

857 N.Y.S.2d 54

MANHATTAN MEDICAL DIAGNOSTIC & REHABILITATION, P.C., Appellant, v. WACHOVIA NATIONAL BANK, N.A., Respondent. WACHOVIA BANK, NATIONAL ASSOCIATION, Third-Party Plaintiff, v. BRUCE PASWELL, M.D. Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided March 27, 2008.

Plaintiff alleges that Wachovia failed to act in a commercially reasonable manner in allowing third-party defendant Paswall to open a checking account in plaintiff's name, resulting in the conversion of checks payable to plaintiff.

The record establishes that Wachovia acted in a commercially reasonable manner in opening the subject account. Wachovia's vice-president identified the documents relied upon in opening the account...

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