Opinion
No. 3178.
March 27, 2008.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered October 10, 2006, which insofar as appealed from, granted the cross motion of defendant Wachovia National Bank, N.A. for summary judgment dismissing the complaint, and denied plaintiffs cross motion for summary judgment, unanimously affirmed, with costs.
Lowell B. Davis, Carle Place, for appellant.
Rosner Nocera Ragone, LLP, New York (Peter A. Ragone of counsel), for Wachovia National Bank, N.A., respondent.
Kasowitz, Benson, Torres Friedman LLP, New York (Mitchell R. Schrage of counsel), for Bruce Paswall, M.D., respondent.
Before: Friedman, J.P., Gonzalez, McGuire and Moskowitz, JJ.
Plaintiff alleges that Wachovia failed to act in a commercially reasonable manner in allowing third-party defendant Paswall to open a checking account in plaintiffs 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, including a certificate of incorporation, a corporate resolution and a copy of Paswall's driver's license, and set forth that the bank's conduct was reasonable under the circumstances ( see Sybedon Corp. v Bank Leumi Trust Co. of NY, 224 AD2d 320).
We have considered plaintiffs remaining contentions and find them unavailing. [ See 13 Misc 3d 1228(A), 2006 NY Slip Op 52048(U).]