On June 1, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 255 Butler Assoc. LLC v. 255 Butler, LLC, 2023 NY Slip Op. 31913(U), holding that a customer likely lacks standing to object to a subpoena to the customer’s bank, explaining:
[T]here 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, 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 citations omitted).