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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