Opinion
March 2, 1998
Appeal from the Supreme Court, Nassau County (Collins, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
Summary judgment was properly granted to Key Bank of New York dismissing the complaint insofar as asserted against it. The plaintiff's claims were barred by UCC 4-406 (4), which requires a bank customer to report to the bank his unauthorized signature "within one year from the time the statement and items are made available to the customer" (UCC 4-406; see, Mansi v. Gaines, 216 A.D.2d 536), and the defendant's deposit account agreement, which required the plaintiff to notify it of any discrepancy in the bank statement within 15 days after receipt of the statement (see, e.g., Qassemzadeh v. IBM Poughkeepsie Empls. Fed. Credit Union, 167 A.D.2d 378).
Bracken, J. P., Santucci, Goldstein and McGinity, JJ., concur.