Preview
FILED: WESTCHESTER COUNTY CLERK 05/23/2023 12:02 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/23/2023
Exhibit A
FILED: WESTCHESTER COUNTY CLERK 05/23/2023
03/30/2023 12:02
04:54 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 05/23/2023
03/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
ANDREW M. ROMANO, ESQ. |
INDEX NO.:
Plaintiff(s), |
SUMMONS
Plaintiff designates
BANK OF AMERICA, N.A., and BANK OF AMERICA |
Westchester County as
CORPORATION, |
of
| the Place Trial
'
Defendant(s).
The basis of the venue is
|
is the residence of the
|
| Plaintiff
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and
to serve a copy of your answer on the Plaintiff's Attorney within 20 days after the service
of this summons, exclusive of the day of service (or within 30 days after service is
complete if this summons is not personally delivered to you within the State of New
York); and in case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded herei
Dated: March , 2023
Robert F. Zer 11i, SQ.
Attorney for 1 ntiff
Office and Office Address
3rd
55 Main St. FlOOr
Yonkers, New York 10701
(914) 963-4220
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023
03/30/2023 12:02
04:54 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 05/23/2023
03/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
ANDREW M. ROMANO,
INDEX NO.:
Plaintiff
VERIFIED
COMPLAINT
BANK OF AMERICA, N.A., and BANK OF AMERICA |
CORPORATION, |
Defendant(s). |
Plaintiff(s), by his attorney, ROBERT F. ZERILLI, as and for her Verified Complaint
against the Defendant(s), alleges as follows:
1. That all times hereinafter mentioned, the Plaintiff Andrew M. Romano
(hereinafter referred to as "Plaintiff") was and still is a natural person, residing in the County of
Westchester, and State of New York.
2. At all times hereinafter mentioned, Defendant Bank of America N.A. was and still
is a national bank organized and existing under the laws of the State of New York and authorized
to do business in the State of New York.
3. At all times hereinafter mentioned, Defendant Bank of America N.A. was and still
is a foreign bank authorized to do business in the State of New York.
4. At all times hereinafter mentioned, Defendant Bank of America N.A. was and still
is a national bank, organized and existing under the Laws of the United States, conducting its
business as such and doing a banking business in the State of New York.
5. At all times hereinafter mentioned, Defendant Bank of America Corporation was
and still is a banking corporation organized and existing under the laws of the State of New York
and authorized to do business in the State of New York.
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023
03/30/2023 12:02
04:54 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 05/23/2023
03/30/2023
6. At all times hereinafter mentioned, Defendant Bank of America Corporation was
and still is a foreign banking corporation authorized to do business in the State of New York.
7. At all times hereinafter mentioned, Defendant Bank of America Corporation was
and still is a national banking corporation, organized and existing under the Laws of the United
States, conducting its business as such and doing a banking business in the State of New York.
8. Plaintiff maintained an account with the Defendant for the operation of the
Plaintiff's business.
9. Commencing in or about December of 2017 and continuing through February
2019, an individual named Tahisha Bourdier stole numerous checks that were made payable to
Plaintiff.
10. After stealing the numerous checks, Tahisha Bourdier would forge the
indorsement of Plaintiff and then below said forged indorsement direct that the checks be
payable to herself.
11. Upon information and belief, Tahisha Bourdier also maintained a bank account
with Defendant(s).
12. After forging Plaintiff's indorsement on the checks, Tahisha Bourdier would
deposit said checks into her account with Defendant, or have Defendant cash said check(s).
13. Upon information and belief, the total amount of the checks improperly taken by
Tahisha Bourdier was $53,496.00.
14. In or about February 2019, and immediately upon learning of the fraudulent check
stealing scheme, the Plaintiff notified the Defendant of the fraudulent scheme.
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023
03/30/2023 12:02
04:54 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 05/23/2023
03/30/2023
AS AND FOR A FIRST CAUSE OF ACTION
15. Plaintiff repeats and realleges each and every allegation contained in Paragraphs
"1" "14"
through as if set forth at length herein.
16. The account held by Plaintiff at the Defendant bank is governed by a contract
between the parties.
17. In accepting checks containing a forged indorsement, and fraudulently indorsed
over to Tahisha Bourdier, Defendant violated its own policies and procedures with respect to
negotiable instruments such as checks.
18. Because the Defendant violated its own policies and procedures with respect to
the acceptance and indorsement of negotiable instruments, the Defendant has breached its
contract with the Plaintiff.
19. Accordingly, the Defendant is liable to the Plaintiff in an amount to be determined
by the trier of fact.
AS AND FOR A SECOND CAUSE OF ACTION
20. Plaintiff repeats and realleges each and every allegation contained in Paragraphs
"1"
through "19", inclusive, as if set forth herein in detail.
21. The Defendant(s) owed the Plaintiff a duty of care not to accept forged checks
and to follow its policies and procedures with respect to the negotiation and cashing of checks.
22. The Defendant(s) breached its duty by accepting forged checks and failing to
follow its own policies and procedures with respect to the negotiation of checks.
23. As a result of the Defendant(s) breach of its duty the Plaintiff has been deprived
of money that properly belongs to the Plaintiff.
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023
03/30/2023 12:02
04:54 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 05/23/2023
03/30/2023
24. As a result of the Defendant(s) negligent actions, the Defendant(s) are liable to the
Plaintiff in an amount to be determined by the trier of fact.
AS AND FOR A THIRD CAUSE OF ACTION
25. Plaintiff repeats and realleges each and every allegation contained in Paragraphs
"1"
through "24", inclusive, as if set forth herein in detail.
26. In light of the depository relationship between the Plaintiff and Defendant(s), the
Defendant(s) owed the Plaintiff a fiduciary duty not to accept forged checks or checks allegedly
indorsed over to a third party.
27. The Defendant(s) breached the fiduciary duty by accepting improperly indorsed
checks in violation of Defendant(s) own policies and procedures.
28. As a result of the Defendant(s) breach of fiduciary duty, the Plaintiff has been
damaged in an amount to be determined by the trier of fact.
WHEREFORE, Plaintiff demands judgment as follows:
A. On the First Cause of Action, for a judgment against the Defendant(s) due to
the Defendant(s) breach of contract, in an amount to be determined by the trier
of fact;
B. On the Second Cause of Action, for a judgment against the Defendant(s) due to
the Defendant(s) negligence in an amount to be determined by the trier of fact;
C. On the Third Cause of Action, for a judgment against the Defendant(s) due to
the Defendant(s) breach of fiduciary duty in an amount to be determined by the
trier of fact;
D. For other and further relief this Court deems just, proper and equitable, in
addition to legal fees, and the costs and disbursements of this action.
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023
03/30/2023 12:02
04:54 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 05/23/2023
03/30/2023
Dated: Yonke ew York
March , 2023
ROBERT F. LLI, ESQ.
Attorney for 1 ntiff(s)
'
55 Main St. Floor
Yonkers, New York 10701
(914) 963-4220
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023
03/30/2023 12:02
04:54 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 05/23/2023
03/30/2023
STATE OF NEW YORK )
)SS:
COUNTY OF WESTCHESTER )
ANDREW M. ROMANO, being duly sworn deposes and says: that I am the Plaintiff in
the within action; that I have read the foregoing COMPLAINT and knows the contents thereof,
that the same are true to my knowledge except as to this matters therein stated to be alleged upon
information and belief, and as to these matters, I elieve em to e true.
M. ROMAGO
w to before me this
a of M
otary Public
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Preview
FILED: WESTCHESTER COUNTY CLERK 05/23/2023 12:02 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/23/2023 Exhibit A FILED: WESTCHESTER COUNTY CLERK 05/23/2023 03/30/2023 12:02 04:54 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 05/23/2023 03/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ANDREW M. ROMANO, ESQ. | INDEX NO.: Plaintiff(s), | SUMMONS Plaintiff designates BANK OF AMERICA, N.A., and BANK OF AMERICA | Westchester County as CORPORATION, | of | the Place Trial ' Defendant(s). The basis of the venue is | is the residence of the | | Plaintiff To the above named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herei Dated: March , 2023 Robert F. Zer 11i, SQ. Attorney for 1 ntiff Office and Office Address 3rd 55 Main St. FlOOr Yonkers, New York 10701 (914) 963-4220 1 of 7 FILED: WESTCHESTER COUNTY CLERK 05/23/2023 03/30/2023 12:02 04:54 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 05/23/2023 03/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ANDREW M. ROMANO, INDEX NO.: Plaintiff VERIFIED COMPLAINT BANK OF AMERICA, N.A., and BANK OF AMERICA | CORPORATION, | Defendant(s). | Plaintiff(s), by his attorney, ROBERT F. ZERILLI, as and for her Verified Complaint against the Defendant(s), alleges as follows: 1. That all times hereinafter mentioned, the Plaintiff Andrew M. Romano (hereinafter referred to as "Plaintiff") was and still is a natural person, residing in the County of Westchester, and State of New York. 2. At all times hereinafter mentioned, Defendant Bank of America N.A. was and still is a national bank organized and existing under the laws of the State of New York and authorized to do business in the State of New York. 3. At all times hereinafter mentioned, Defendant Bank of America N.A. was and still is a foreign bank authorized to do business in the State of New York. 4. At all times hereinafter mentioned, Defendant Bank of America N.A. was and still is a national bank, organized and existing under the Laws of the United States, conducting its business as such and doing a banking business in the State of New York. 5. At all times hereinafter mentioned, Defendant Bank of America Corporation was and still is a banking corporation organized and existing under the laws of the State of New York and authorized to do business in the State of New York. 2 of 7 FILED: WESTCHESTER COUNTY CLERK 05/23/2023 03/30/2023 12:02 04:54 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 05/23/2023 03/30/2023 6. At all times hereinafter mentioned, Defendant Bank of America Corporation was and still is a foreign banking corporation authorized to do business in the State of New York. 7. At all times hereinafter mentioned, Defendant Bank of America Corporation was and still is a national banking corporation, organized and existing under the Laws of the United States, conducting its business as such and doing a banking business in the State of New York. 8. Plaintiff maintained an account with the Defendant for the operation of the Plaintiff's business. 9. Commencing in or about December of 2017 and continuing through February 2019, an individual named Tahisha Bourdier stole numerous checks that were made payable to Plaintiff. 10. After stealing the numerous checks, Tahisha Bourdier would forge the indorsement of Plaintiff and then below said forged indorsement direct that the checks be payable to herself. 11. Upon information and belief, Tahisha Bourdier also maintained a bank account with Defendant(s). 12. After forging Plaintiff's indorsement on the checks, Tahisha Bourdier would deposit said checks into her account with Defendant, or have Defendant cash said check(s). 13. Upon information and belief, the total amount of the checks improperly taken by Tahisha Bourdier was $53,496.00. 14. In or about February 2019, and immediately upon learning of the fraudulent check stealing scheme, the Plaintiff notified the Defendant of the fraudulent scheme. 3 of 7 FILED: WESTCHESTER COUNTY CLERK 05/23/2023 03/30/2023 12:02 04:54 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 05/23/2023 03/30/2023 AS AND FOR A FIRST CAUSE OF ACTION 15. Plaintiff repeats and realleges each and every allegation contained in Paragraphs "1" "14" through as if set forth at length herein. 16. The account held by Plaintiff at the Defendant bank is governed by a contract between the parties. 17. In accepting checks containing a forged indorsement, and fraudulently indorsed over to Tahisha Bourdier, Defendant violated its own policies and procedures with respect to negotiable instruments such as checks. 18. Because the Defendant violated its own policies and procedures with respect to the acceptance and indorsement of negotiable instruments, the Defendant has breached its contract with the Plaintiff. 19. Accordingly, the Defendant is liable to the Plaintiff in an amount to be determined by the trier of fact. AS AND FOR A SECOND CAUSE OF ACTION 20. Plaintiff repeats and realleges each and every allegation contained in Paragraphs "1" through "19", inclusive, as if set forth herein in detail. 21. The Defendant(s) owed the Plaintiff a duty of care not to accept forged checks and to follow its policies and procedures with respect to the negotiation and cashing of checks. 22. The Defendant(s) breached its duty by accepting forged checks and failing to follow its own policies and procedures with respect to the negotiation of checks. 23. As a result of the Defendant(s) breach of its duty the Plaintiff has been deprived of money that properly belongs to the Plaintiff. 4 of 7 FILED: WESTCHESTER COUNTY CLERK 05/23/2023 03/30/2023 12:02 04:54 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 05/23/2023 03/30/2023 24. As a result of the Defendant(s) negligent actions, the Defendant(s) are liable to the Plaintiff in an amount to be determined by the trier of fact. AS AND FOR A THIRD CAUSE OF ACTION 25. Plaintiff repeats and realleges each and every allegation contained in Paragraphs "1" through "24", inclusive, as if set forth herein in detail. 26. In light of the depository relationship between the Plaintiff and Defendant(s), the Defendant(s) owed the Plaintiff a fiduciary duty not to accept forged checks or checks allegedly indorsed over to a third party. 27. The Defendant(s) breached the fiduciary duty by accepting improperly indorsed checks in violation of Defendant(s) own policies and procedures. 28. As a result of the Defendant(s) breach of fiduciary duty, the Plaintiff has been damaged in an amount to be determined by the trier of fact. WHEREFORE, Plaintiff demands judgment as follows: A. On the First Cause of Action, for a judgment against the Defendant(s) due to the Defendant(s) breach of contract, in an amount to be determined by the trier of fact; B. On the Second Cause of Action, for a judgment against the Defendant(s) due to the Defendant(s) negligence in an amount to be determined by the trier of fact; C. On the Third Cause of Action, for a judgment against the Defendant(s) due to the Defendant(s) breach of fiduciary duty in an amount to be determined by the trier of fact; D. For other and further relief this Court deems just, proper and equitable, in addition to legal fees, and the costs and disbursements of this action. 5 of 7 FILED: WESTCHESTER COUNTY CLERK 05/23/2023 03/30/2023 12:02 04:54 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 05/23/2023 03/30/2023 Dated: Yonke ew York March , 2023 ROBERT F. LLI, ESQ. Attorney for 1 ntiff(s) ' 55 Main St. Floor Yonkers, New York 10701 (914) 963-4220 6 of 7 FILED: WESTCHESTER COUNTY CLERK 05/23/2023 03/30/2023 12:02 04:54 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 05/23/2023 03/30/2023 STATE OF NEW YORK ) )SS: COUNTY OF WESTCHESTER ) ANDREW M. ROMANO, being duly sworn deposes and says: that I am the Plaintiff in the within action; that I have read the foregoing COMPLAINT and knows the contents thereof, that the same are true to my knowledge except as to this matters therein stated to be alleged upon information and belief, and as to these matters, I elieve em to e true. M. ROMAGO w to before me this a of M otary Public 7 of 7