| Manhattan Med. Diagnostic & Rehabilitation, P.C. v Wachovia Natl. Bank, N.A. |
| 2008 NY Slip Op 02749 [49 AD3d 461] |
| March 27, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Manhattan Medical Diagnostic & Rehabilitation, P.C.,
Appellant, v Wachovia National Bank, N.A., Respondent. Wachovia Bank, National Association, Third-Party Plaintiff, v Bruce Paswell, M.D. Third-Party Defendant-Respondent, et al., Third-Party Defendant. |
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Rosner Nocera & Ragone, LLP, New York City (Peter A. Ragone of counsel), for Wachovia
National Bank, N.A., respondent.
Kasowitz, Benson, Torres & Friedman LLP, New York City (Mitchell R. Schrage of
counsel), for Bruce Paswall, M.D., respondent.
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 plaintiff's cross motion for summary judgment, unanimously affirmed, with costs.
Plaintiff alleges that Wachovia failed to act in a commercially reasonable manner in allowing third-party defendant Paswall to open a checking account in plaintiff's 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 N.Y., 224 AD2d 320 [1996]). [*2]
We have considered plaintiff's remaining contentions and find them unavailing. Concur—Friedman, J.P., Gonzalez, McGuire and Moskowitz, JJ. [See 13 Misc 3d 1228(A), 2006 NY Slip Op 52048(U).]