Porter v. Citibank, N.A.
New York Civil Court
123 Misc. 2d 28, 472 N.Y.S. 2d 582 (1984)
- Written by Steven Pacht, JD
Facts
Robert Porter (plaintiff) had an account with Citibank, N.A. (defendant). Per Porter, on two days (via three transactions) he tried to withdraw a total of $500 from his account from a Citibank cash machine via his Citibank card, but the machine debited his account without dispensing the money. Porter sued Citibank for $500. At trial, Porter testified that at the time of the incidents he informed the branch’s management, who said that Citibank would investigate the matter. Citibank’s employees testified that after the first instance, the machine was in balance and that after the second and third instances, the machine had a $90 cash surplus. The bank employees further testified that the machine typically was out of balance by less than $100 once or twice per week and that a subsequent machine customer sometimes received money that belonged to a prior user. Porter, who previously had used Citibank’s cash machines numerous times, had no record of banking problems.
Rule of Law
Issue
Holding and Reasoning (Lehner, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
