WRIGHT v. BANK OF AM.

019935/09, Seq. Number-001.

2009 NY Slip Op 32971 (U)

WALTER C. WRIGHT, Plaintiff, v. BANK OF AMERICA, MYLES MORTGAGE SERVICES, INC., LAC ENTERPRISES, INC., MITCHELL LEVY and JAMES BOONE a/k/a MICHAEL HARRIS, Defendants.

Supreme Court, Nassau County.

December 23, 2009.

Motion Date: 11-24-09.


Attorney(s) appearing for the Case

Nathaniel M. Swergold, Esq. Attorney for Plaintiff Cedarhurst, NY.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP Attorneys for Defendant White Plains, NY.

Myles Mortgage Services, Inc. Defendant Pro Se Florida, NY.

LAC Enterprises, Inc. Defendant Pro Se Baldwin, NY.

Mitchell Levy Defendant Pro Se Baldwin, NY.

James Boone a/k/a Michael Harris Defendant Pro Se Bethpage, NY.


DANIEL R. PALMIERI Judge.

The motion of defendant Bank of America (BoA), dismissing the complaint, pursuant to CPLR §3212 based on CPLR §214 and UCC §3-419 is granted and the acfion is dismissed as to defendant BoA.

The claim against BoA is that a check payable to plaintiff was presented for payment to BoA as collecting bank, on a forged signature, the fiinds were deposited into the account of another and that by honoring the check, BoA converted...

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