A man claiming he was swindled out of nearly $42,000 on a real estate deal after his signature was forged on a check cannot sue the bank that accepted the check for deposit for conversion, a New York state judge has ruled. Walter Wright alleged that a mortgage broker's representative took a check payable to Wright and deposited it in the mortgage broker's account. The judge dismissed Wright's suit against the bank, concluding that Wright never had control of the check and thus failed to acquire a "property interest" in it.
January 07, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A man claiming he was swindled out of nearly $42,000 on a real estate deal after his signature was forged on a check cannot sue the bank that accepted the check for deposit for conversion, a New York state judge has ruled.
Acting Supreme Court Justice Daniel Palmieri of Nassau County dismissed the suit against the bank, holding that the seller, Walter Wright, never had possession of the check in question.
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