Summary
holding plaintiffs waived their right to bring action against the defendant bank by failing to notify the bank of the unauthorized withdrawals within 14 days after the account statements were made available to them, as required by the deposit account agreement
Summary of this case from Overby v. Chase Manhattan Bank J.P. Morgan ChaseOpinion
2002-02919
Argued February 25, 2003.
March 24, 2003.
In an action, inter alia, to recover damages for the payment of unauthorized withdrawals, the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Oliver, J.), dated February 14, 2002, as denied that branch of their motion which was for summary judgment on the issue of liability against the defendant Marine Midland Bank and granted the cross motion of that defendant for summary judgment dismissing the complaint insofar as asserted against it.
Brody, O'Connor O'Connor, Northport, N.Y. (Patricia A. O'Connor, Thomas M. O'Connor, and Scott A. Brody of counsel), for appellants.
Phillips, Lytle, Hitchcock, Blaine Huber, LLP, Buffalo, N.Y. (Michael J. Berchou and Michael B. Powers of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiffs waived their right to bring this action against the defendant Marine Midland Bank (hereinafter the Bank) by failing to notify the Bank of the unauthorized withdrawals within 14 days after the account statements itemizing these transactions were made available to them, as required by the deposit account agreement (see Marino, Ltd. v. Bank of N.Y., 250 A.D.2d 485; Radon Constr. Corp. v. Colwell, 248 A.D.2d 366; Qassemzadeh v. IBM Poughkeepsie Employees Fed. Credit Union, 167 A.D.2d 378; Retail Shoe Health Commn. v. Manufacturers Hanover Trust Co., 160 A.D.2d 47). Accordingly, summary judgment was properly granted in favor of the Bank.
The plaintiffs' remaining contentions are without merit.
SANTUCCI, J.P., LUCIANO, H. MILLER and COZIER, JJ., concur.