In Italia Imports, Inc. v. Weisberg & Lesk, 210 A.D.2d 23 (1st Dept. 1994) "American Express took plaintiffs' checks, which had been misdirected by a faithless employee to make payments on her daughter's private credit card." The plaintiffs in that case, sued American Express. The First Department granted American Express' motion dismissing it from the action, holding that "Plaintiffs offer no evidence that American Express had actual notice, and their argument that American Express had constructive notice on the basis of speculation as to what they had reason to know, or what would have aroused the suspicion of a reasonable person in their circumstances is meritless." Id.