N.Y. Uniform Commercial Code Law § 4-403: Customer's Right to Stop Payment; Burden of Proof of Loss

Section 4--403. Customer's Right to Stop Payment; Burden of Proof of

Loss.

(1) A customer may by order to his bank stop payment of any item

payable for his account but the order must be received at such time and

in such manner as to afford the bank a reasonable opportunity to act on

it prior to any action by the bank with respect to the item described in

Section 4--303.

(2) A remitter or payee of a cashier's check or certified check may by

order to the obligated bank stop payment of such a check, and a remitter

or payee of a teller's check may order the obligated bank to order the

payor bank to stop payment of such a check, at any time after ninety

days from the date of issuance of either a cashier's check or teller's

check, and date of certification of a certified check. The stop payment

is effective if either the remitter or payee delivers to the obligated

bank at a time and in a manner affording a reasonable opportunity to act

before any of the actions described in Section 4--303 (1) are taken: (i)

a written order to stop payment, which shall describe the item with

reasonable certainty, and (ii) an affidavit of the remitter or payee

containing an averment that the check was destroyed, its whereabouts

cannot be determined, or it is in the wrongful possession of an unknown

person or a person that cannot be found or is not amenable to service of

process.

(3) An oral order is binding upon the bank only for fourteen calendar

days unless confirmed in writing within that period. A written order is

effective for only six months unless renewed in writing.

(4) The burden of establishing the fact and amount of loss resulting

from the payment of an item contrary to a binding stop payment order is

on the customer, remitter or payee.