Opinion
2002-09453.
Submitted October 21, 2003.
November 24, 2003.
In an action, inter alia, to recover damages for the alleged loss of property from a safe deposit box, the defendant Chase Manhattan Bank, n/k/a JP Morgan Chase appeals from an order of the Supreme Court, Kings County (Bunyan, J.), dated September 20, 2002, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Sandra R. Ahn, New York, N.Y. (Babette V. Orenstein of counsel), for appellant.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, NANCY E. SMITH and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint insofar as asserted against the appellant is dismissed, and the action against the remaining defendant is severed.
The action insofar as asserted against the appellant is barred by an executed written release ( see Martino v. Kaschak, 208 A.D.2d 698; Sofio v. Hughes, 162 A.D.2d 518). Even if the release was not enforceable, the appellant would be entitled to summary judgment dismissing the complaint insofar as asserted against it ( see Greco v. First Union Natl. Bank Corp., 267 A.D.2d 278).
In light of the foregoing, it is unnecessary to address the appellant's remaining contention.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.