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BAYERISCHE HYPO-UND VEREINSBANK AG v. HSBC BANK USA, N.A.

602761/09, 2208A, 2208.

144 A.D.3d 501 (2016)

2016 NY Slip Op 07603

40 N.Y.S.3d 764

BAYERISCHE HYPO-UND VEREINSBANK AG, Appellant, v. HSBC BANK USA, N.A., et al., Respondents, and TROWERS & HAMLIN, Intervenor-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 15, 2016.

Because the mistaken payment at issue was effected by wire transfer, this action is governed by UCC article 4-A. While plaintiff is correct that, to the extent a particular claim as to a wire transfer does not contravene or alter the rights and obligations created under article 4-A, a common-law claim may be asserted (see e.g. Sheerbonnet, Ltd. v American Express Bank, Ltd., 951 F.Supp. 403, 413-414 [SD NY 1995]), this is not such...

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