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CITY CHECK CASHING, INC. v. MANUFACTURERS HANOVER TRUST CO.

764 A.2d 411 (2001)

166 N.J. 49

CITY CHECK CASHING, INC., Plaintiff-Respondent, v. MANUFACTURERS HANOVER TRUST COMPANY; Chemical Bank; Chemical Bank, as successor in interest to Manufacturers Hanover Trust Company, Defendants, and The Chase Manhattan Bank, as successor in interest to Chemical Bank, Defendant and Third Party Plaintiff-Appellant, v. Jul-Ame Construction Company, a/k/a Jul-Ame Construction, Inc. and Misir Koci, Defendants and Third Party-Defendants, and Nimbus Enterprises, Inc. and Melvin Green, Jointly, Severally, or in the Alternative, Defendants.

Supreme Court of New Jersey.

Decided January 17, 2001.

Attorney(s) appearing for the Case

Anthony J. Sylvester, Morristown, argued the cause for appellant (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Harold L. Kofman, on the briefs).

Gary E. Cohen, Passaic, argued the cause for respondent.

Dennis R. Casale, Princeton, argued the cause for amicus curiae, New Jersey Bankers Association (Jamieson, Moore, Peskin & Spicer, attorneys).

The opinion of the court was delivered by LONG, J.

This case requires us to plumb the relationship between the Uniform Commercial Code (Code or U.C.C.) and the law of negligence in connection with the return of a check by a drawee bank within the time allowed by the Code. The question presented is whether the drawee bank's dealings with a non-customer in an unsolicited telephone conversation breached a common law duty, rendering it potentially liable for the loss...

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