MANHATTAN MEDICAL DIAGNOSTIC REHABILITATION v. WACHOVIA NATIONAL BANK (2008)

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 A.D.2d 320, 638 N.Y.S.2d 50 [1996] ).

We have considered plaintiff's remaining contentions and find them unavailing.