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Consumer Law Keyed to Whaley, 9th Ed.
Ognibene v. Citibank, N.A.
Citation:
446 N.Y.S.2d 845 (1981)Facts
On August 16, 1981, plaintiff Frederick Ognibene went to a Citibank ATM area and withdrew $20 from his account using his Citicard and personal identification code. While conducting his transaction, another person was using the customer service telephone between two ATM machines, appearing to report a malfunctioning machine. This person observed Ognibene enter his PIN and then asked to use Ognibene’s card to test the allegedly malfunctioning adjacent machine. Ognibene complied with this request, handing over his card, which the person inserted into the adjoining machine at least twice. Unbeknownst to Ognibene, the scammer used the observed PIN to make two unauthorized withdrawals of $200 each from Ognibene’s account at 5:42 p.m. and 5:43 p.m., immediately following Ognibene’s legitimate $20 withdrawal at 5:41 p.m. Citibank was aware of this scam and had posted small warning signs, but failed to adequately inform customers of the specific danger.
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