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SCHMIDT v. FLEET BANK

280 A.D.2d 260 (2001)

719 N.Y.S.2d 855

PAUL SCHMIDT et al., Appellants-Respondents, v. FLEET BANK et al., Defendants, and REPUBLIC NATIONAL BANK OF NEW YORK, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 1, 2001.

Since we affirm in this case and in Feinstein v Fleet Bank (280 A.D.2d 260 [decided herewith]) based upon the lack of merit in plaintiffs' claims, we need not address the issue of whether Judiciary Law § 497 (7) (a) provides the bank with a blanket release with respect to IOLA accounts. We find, as did the motion court, that there is no evidence raising a question of fact as to whether or not "the bank, with knowledge of the...

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