Plutchok v. European American Bank
New York District Court
540 N.Y.S.2d 135 (1989)
- Written by Sean Carroll, JD
Facts
On December 19, 1986, Jonathan Plutchok (plaintiff) used a credit card issued by European American Bank (the bank) (defendant) to purchase by phone a $249 membership in a travel club operated by Holiday Magic Travel Club, Inc. (Holiday). Plutchok was a New York resident, and Holiday was a Florida corporation. Thereafter, Plutchok requested a cancellation of his membership but received no reply from Holiday. The evidence indicated that the travel club turned out to be a scam. Plutchok notified the bank of the issue and requested a billing correction on April 25, 1987. Plutchok then sued the bank, seeking the reimbursement. Plutchok stated that his January 3 and April 3, 1987, credit-card statements did not reflect the purchase. Plutchok did not submit these statements into evidence.
Rule of Law
Issue
Holding and Reasoning (Segal, J.)
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