CATALANO v. MARINE MIDLAND BANK

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.2d 485; Radon Constr. Corp. v. Colwell, 248 A.D.2d 366; Qassemzadeh v. IBM Poughkeepsie Employees Fed. Credit Union, 167 A.D.2d 378; Retail Shoe Health Commn. v. Manufacturers Hanover Trust Co., 160 A.D.2d 47). 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.