Opinion
May 19, 1998
Appeal from the Supreme Court, New York County (Charles Ramos, J.)
The record contains no denial by the plaintiffs that Mr. Weiss was an authorized signatory on plaintiffs accounts. The claims against drawer Bank of New York for payment on forged drawer signatures were properly dismissed for failure to comply with the notification requirement set forth in the banks rules and regulations ( see, Retail Shoe Health Commn. v. Manufacturers Hanover Trust Co., 160 A.D.2d 47, "50).
The claims against depositary Citibank for payment on forged indorsements were also properly dismissed ( see, Prudential-Bache Sec. v. Citibank, 73 N.Y.2d 263, 272). We note that plaintiffs have abandoned their argument, raised before the motion court, that the fictitious payee rule of UCC 3-405(1)(b) is inapplicable under the circumstances.
We have considered plaintiffs other contentions and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Nardelli, Wallach and Rubin, JJ.