Opinion
April 26, 1991
Appeal from the Supreme Court, Oneida County, Shaheen, J.
Present — Dillon, P.J., Boomer, Green, Balio and Davis, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed as against defendant Oneida Savings Bank. Memorandum: The complaint fails to state a cause of action against defendant Oneida Savings Bank. The Bank had no duty to plaintiffs to assure that a certificate of occupancy was properly issued. The provision in the mortgage commitment requiring receipt of a certificate of occupancy before closing was for the protection of the mortgagor bank and not for the benefit of plaintiffs.