Goldfeder v. Queens County Savings Bank — 113 Misc. 2d 649

Majority

p. 649

Annette Goldfeder, Respondent, v Queens County Savings Bank, Appellant and Third-Party Plaintiff. Perry Goldfeder, Third-Party Defendant.

Supreme Court, Appellate Term, Second Department,

January 12, 1982

APPEARANCES OF COUNSEL

Dikman, Dikman & Botter (Allan S. Botter and Stephen Heffner of counsel), for appellant. James R. Pieret for respondent.

OPINION OF THE COURT

Memorandum.

Order and judgment in favor of plaintiff unanimously reversed, without costs, judgment vacated and motion denied. Order denying defendant’s motion unanimously reversed, with $10 costs, motion granted and complaint dismissed.

In view of the unconditional terms contained in the separation agreement, signed by plaintiff and incorporated by reference into the judgment of divorce, plaintiff has failed to demonstrate any right, title or interest to the

p. 650

bank account in question and has failed to set forth a viable claim for damage as a result of the actions of the bank.

Buschmann, J. P., Jones and Kunzeman, JJ., concur.