On May 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Isaac Hersko Revocable Trust v. Weisel, 2024 NY Slip Op. 31717(U), holding that an account holder does not have standing to challenge a subpoena for bank records, explaining:
Preliminarily, there are questions whether a customer of a bank even maintains standing to challenge subpoenas served upon the bank seeking the customer’ s banking information. As the court noted in AO Asset Management LLC v. Levine, 111 AD3d 245, 974 NYS2d 332 [1st Dept., 2013] ‘a depositor has no ownership or other interest in a bank’s records of his accounts. Thus, he has no standing to object to a subpoena directed at them and that this proposition remains true, even more strongly, in the civil context.
(Internal quotations and citations omitted).