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Clemente Bros. Contracting Corp., et al., Appellants,v.Aprile Hafner-Milazzo,, Defendant, Capital One, N.A., Respondent.

Brief

37 Cited authorities

  1. Steering Comm. v. Port Auth. of New York (In re World Trade Ctr. Bombing Litig. )

    2011 N.Y. Slip Op. 6501 (N.Y. 2011)   Cited 135 times
    Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"

  2. Lema v. Bank of America, N.A.

    375 Md. 625 (Md. 2003)   Cited 70 times
    Noting that "parties are presumed to know the law when entering into contracts"

  3. American Airlines Employees v. Martin

    29 S.W.3d 86 (Tex. 2000)   Cited 68 times   1 Legal Analyses
    Holding the notification period can be shortened by agreement from one year to sixty days

  4. Putnam Ladder Co. v. Hanover

    74 N.Y.2d 340 (N.Y. 1989)   Cited 80 times
    Rejecting the use of comparative negligence under U.C.C. § 4-406

  5. Monreal v. Fleet Bank

    95 N.Y.2d 204 (N.Y. 2000)   Cited 48 times
    Applying UCC

  6. Regatos v. N. Fork Bank

    2005 N.Y. Slip Op. 7731 (N.Y. 2005)   Cited 35 times
    Holding "the one-year statute of repose . . . begin to run when the customer receives actual notice of the improper transfer."

  7. Woods v. MONY Legacy Life Insurance

    84 N.Y.2d 280 (N.Y. 1994)   Cited 46 times
    Holding an insurance company was engaged in the business of banking for purposes of article 4 when it administered plaintiff's money market account resembling an ordinary checking account

  8. Napleton v. Great Lakes Bank, N.A.

    408 Ill. App. 3d 448 (Ill. App. Ct. 2011)   Cited 17 times
    Holding that “the plaintiff's duty to ‘promptly notify’ the bank of any unauthorized charges [under the UCC] was modified to mean 30 days from the date the Monthly Statement was mailed to plaintiff”

  9. Josephs v. Bank of New York

    302 A.D.2d 318 (N.Y. App. Div. 2003)   Cited 25 times

    298, 298A February 27, 2003. Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 17, 2001, which, in this action alleging embezzlement and forgery, inter alia, granted the motion of defendants-respondents to dismiss the complaint as against them insofar as to dismiss plaintiff's claims respecting allegedly forged checks reflected on statements made available to plaintiff prior to August 1, 2000, and denied plaintiff's cross motion to amend her complaint; and order, same court

  10. Peters v. Riggs National Bank

    942 A.2d 1163 (D.C. 2008)   Cited 15 times
    Holding that bank could shorten the period in which a customer must notify the bank of an unauthorized transaction from one year to six months

  11. Section 8.4-406 - Customer's duty to discover and report unauthorized signature or alteration

    Va. Code § 8.4-406   Cited 5 times

    (a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment. (b) If the items are not returned to the customer, the person retaining