Monday, June 24, 2013

Court Makes Rare Request For Amicus Participation

In a rare move, the New York Court of Appeals has requested the participation of Amicus Curiae after granting leave to appeal in Clemente Bros. Contracting Corp. v. Hafner-Milazzo.  Underlying the appeal is New York’s Uniform Commercial Code and a bank’s liability to a customer when the bank pays a check on a forged signature.  The plaintiff’s claims stem from Capital One Bank’s payments on checks that were allegedly forged by the plaintiff’s former employee.  One of the issues to be heard involves an agreement between the bank and its customer to shorten the statutory time to make a claim from one-year to fourteen days.

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