Curtachio v. Dime Savings Bank

—In an action to recover damages for the wrongful withdrawal of funds, the defendant Dime Savings Bank, FSB, appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), entered August 16, 1999, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion for summary judgment dismissing the complaint insofar as asserted against it. However, the basis for the determination, that a prior order denying summary judgment precluded consideration…