BERNSTEIN v. BANK OF AMERICA

2016-11272, Index No. 4974/15.

173 A.D.3d 819 (2019)

104 N.Y.S.3d 142

2019 NY Slip Op 04671

Jacob Bernstein et al., Appellants, v. Bank of America, Respondent.

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

Decided June 12, 2019.


Ordered that the order dated August 8, 2016, is affirmed, with costs.

The plaintiffs commenced this action to recover $114,175.42 that they allegedly lost as a result of the defendant bank honoring 23 forged checks between April 6, 2010, and December 23, 2010. The defendant moved for summary judgment dismissing the complaint, arguing, among other things, that it was shielded from liability by the plaintiffs' failure to report the allegedly unauthorized signatures...

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