Opinion
March 4, 1985
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Judgment affirmed.
Respondent is awarded one bill of costs.
In LeBovici v. Jamaica Sav. Bank ( 81 A.D.2d 150, affd 56 N.Y.2d 522) it was conclusively determined that the same exact language as that complained of here was neither misleading nor constituted a misrepresentation such as to warrant the imposition of equitable estoppel on defendant. Because some form of misrepresentation is an essential element of each of plaintiff's causes of action, the doctrine of stare decisis compels our decision here.
We have considered the other contentions raised by plaintiff and find they lack merit. Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur. [ 121 Misc.2d 564.]