ESTATE OF NANCY Z. PALEY VS. BANK OF AMERICA (f/k/a
FLEET BANK, f/k/a FIRST JERSEY BANK, f/k/a WESTMINSTER
BANK, f/k/a SUMMIT BANK), ET AL.
A-4391-07T3, A-5519-07T3, A-5864-07T3 (CONSOLIDATED)
We held that the Consumer Fraud Act (CFA) does not apply to
a claim by a bank depositor for payment by the bank of multiple
checks presented to and paid by it to the depositor's medical
aide. We held that the CFA provides no remedy to the depositor
when a bank adopts a check presentation and clearance procedure
consistent with the Uniform Commercial Code (UCC),
specifically Articles 3 and 4 of the UCC, N.J.S.A. 12A:3-101 to
-605 and 4-101 to -504, has acted in conformity with those
procedures, and does not have an agreement with the depositor
that creates a special relationship with duties beyond those
imposed by the UCC. 04-29-11
