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CATALANO v. MARINE MIDLAND BANK

303 A.D.2d 617 (2003)

756 N.Y.S.2d 770

PETER CATALANO et al., Appellants, v. MARINE MIDLAND BANK, Respondent, et al., Defendant.

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

Decided March 24, 2003.

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 A.D...

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