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New Gold Equities Corp. v. Chemical Bank

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1998
251 A.D.2d 91 (N.Y. App. Div. 1998)

Opinion

June 11, 1998

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


The IAS Court properly rejected plaintiff's claim that its request to defendant for previous bank statements and cancelled checks constituted a "report" to defendant under UCC 4-406 U.C.C. (4), which requires a writing (see, Woods v. MONY Legacy Life Ins. Co., 84 N.Y.2d 280, 282) clearly identifying the items claimed to have been improperly paid (see, Pelham Family Servs. v. Chemical Bank, Sup Ct, Westchester County, Feb. 7, 1992, Nicolai, J., index No. 1866/90, citing, inter alia, Indemnity Ins. Co. v. Fulton Natl. Bank, 108 Ga. App. 356, 133 S.E.2d 43, and American Bldg. Maintenance Co. v. Federation Bank Trust Co., 213 F. Supp. 412). As the IAS Court found, there is not so much as a "hint" that any such notice was given within the allowable one-year period, and the failure to do so constitutes a complete defense to the action (see, Woods v. MONY Legacy Life Ins. Co., supra, at 286), including plaintiff's common-law causes of action for negligence and breach of warranty (see, Prudential-Bache Sec. v. Citibank, 73 N.Y.2d 263, 272-273).

Concur — Lerner, P. J., Sullivan, Rubin and Saxe, JJ.


Summaries of

New Gold Equities Corp. v. Chemical Bank

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1998
251 A.D.2d 91 (N.Y. App. Div. 1998)
Case details for

New Gold Equities Corp. v. Chemical Bank

Case Details

Full title:NEW GOLD EQUITIES CORP., Appellant, v. CHEMICAL BANK, Respondent

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

Date published: Jun 11, 1998

Citations

251 A.D.2d 91 (N.Y. App. Div. 1998)
674 N.Y.S.2d 41

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