2006 New York Code - Customer\'s Right To Stop Payment; Burden Of Proof Of Loss.



 
  Section 4--403. Customer's  Right  to  Stop  Payment; Burden of Proof of
                    Loss.
    (1) A customer may by order to his  bank  stop  payment  of  any  item
  payable  for his account but the order must be received at such time and
  in such manner as to afford the bank a reasonable opportunity to act  on
  it prior to any action by the bank with respect to the item described in
  Section 4--303.
    (2) A remitter or payee of a cashier's check or certified check may by
  order to the obligated bank stop payment of such a check, and a remitter
  or  payee  of a teller's check may order the obligated bank to order the
  payor bank to stop payment of such a check, at  any  time  after  ninety
  days  from  the date of issuance of either a cashier's check or teller's
  check, and date of certification of a certified check. The stop  payment
  is  effective  if either the remitter or payee delivers to the obligated
  bank at a time and in a manner affording a reasonable opportunity to act
  before any of the actions described in Section 4-303 (1) are taken:  (i)
  a  written  order  to  stop  payment, which shall describe the item with
  reasonable certainty, and (ii) an affidavit of  the  remitter  or  payee
  containing  an  averment  that  the check was destroyed, its whereabouts
  cannot be determined, or it is in the wrongful possession of an  unknown
  person or a person that cannot be found or is not amenable to service of
  process.
    (3)  An oral order is binding upon the bank only for fourteen calendar
  days unless confirmed in writing within that period. A written order  is
  effective for only six months unless renewed in writing.
    (4)  The  burden of establishing the fact and amount of loss resulting
  from the payment of an item contrary to a binding stop payment order  is
  on the customer, remitter or payee.

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