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FISCHER & MANDELL LLP v. CITIBANK, N.A.

Docket No. 10-2155-cv.

632 F.3d 793 (2011)

FISCHER & MANDELL LLP, Plaintiff-Appellant v. CITIBANK, N.A., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2011.

Attorney(s) appearing for the Case

Barry R. Fischer , The Barry Fischer Law Firm LLC, New York, NY, for Plaintiff-Appellant.

Barry J. Glickman , Zeichner Ellman & Krause LLP, New York, NY, for Defendant-Appellee.

Before: POOLER, WESLEY, and CHIN, Circuit Judges.

CHIN, Circuit Judge:

In January 2009, pro se plaintiff-appellant Fischer & Mandell LLP ("F & M"), a law firm, deposited a check for $225,351 into its account at defendant-appellee Citibank, N.A. ("Citibank"). The funds were made "available" before the check cleared, and F & M wired most of the funds elsewhere. The check, however, turned out to be counterfeit and was dishonored. Citibank debited the account the amount of the check plus a $10 returned...

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