Appellate Division of the Supreme Court of New York, 2003

Catalano v. Marine Midland Bank

Appellate Division of the Supreme Court of New York · Decided March 24, 2003

303 A.D.2d 617; 756 N.Y.S.2d 770

Cases that cite this one

7 later published cases cite this decision.

Overby v. CHASE MANHATTAN BANK & JP MORGAN CHASE (District Court, S.D. New York 2005)
Crockrom v. Bank of America, N.A. (2d Cir. 2021)
Lussoro v. Ocean Financial Federal Credit Union (District Court, E.D. New York 2020)
Crockrom v. Bank of America, N.A. (District Court, S.D. New York 2020)
Clemente Bros. Contracting Corp. v. Hafner-Milazzo (Appellate Division of the Supreme Court of New York 2012)
Clemente Bros. Contracting Corp. v. Hafner-Milazzo (Appellate Division of the Supreme Court of New York 2012)
In re the Estate of Ray (New York Surrogate's Court 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an ac*618tion, 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.

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 AD2d 485 [1998]; Radon Constr. Corp. v Colwell, 248 AD2d 366 [1998]; Qassemzadeh v IBM Poughkeepsie Empls. Fed. Credit Union, 167 AD2d 378 [1990]; Retail Shoe Health Commn. v Manufacturers Hanover Trust Co., 160 AD2d 47 [1990]). 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.