METROPOLITAN COMMERCIAL BANK v. LEVY

4405, 653436/15.

152 A.D.3d 409 (2017)

2017 NY Slip Op 05505

58 N.Y.S.3d 352

METROPOLITAN COMMERCIAL BANK, Appellant-Respondent, v. MICHAEL C. LEVY et al., Respondents-Appellants, et al., Defendants.

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

Decided July 6, 2017.


Defendant Law Office of Michael C. Levy, LLC (the LLC) opened an IOLA account with plaintiff and deposited a purported client's cashier's check into the account. Shortly thereafter, the client, through the LLC, directed that the majority of the funds be wired to two international parties. Although plaintiff's business deposit accounts brochure says that a transfer of more than $5,000 out of a new account will be made only after nine business days, the money was wired out...

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