A New Jersey judge has ruled that a bank cannot be held liable in the case of a medical office billing clerk who allegedly stole $2 million from her employer and deposited the money into an account she set up at the bank.

Bergen County Superior Court Judge Robert Wilson ruled Monday that the defendant, TD Bank, cannot be held liable for the losses incurred by the plaintiff, Liberty Physical Medicine and Rehabilitation of Queens, New York, because there was no fiduciary relationship between the medical office and the bank.

“[A]bsent a special relationship, courts will typically bar claims of non-customers against banks,” Wilson said, citing the state Supreme Court's 2001 ruling in City Check Cashing v. Manufacturers Hanover Trust.