Number of checks were allegedly forged on the account

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Steven had a joint checking account with his mother at City National Bank of Florida. Between January and May 1990, a number of checks were allegedly forged on the account. Steven asked City National to re-credit the account for the amount of the checks, but the bank refused. In March 1992, Steven filed a lawsuit against the bank. City National filed a motion to dismiss, claiming that the suit was barred because Steven did not file it within a year of City National’s making available to Steven the bank statements that reflected the forged checks. Steven argued that the only requirement was that he notify the bank of any unauthorized signatures within a year, which he did, and that UCC 4-406 does not require that a lawsuit against the bank be brought within a year. Did Steven comply with UCC 4-406?

Reference no: EM131202170

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