Opinion
February 2, 2001.
Judgment, Supreme Court, New York County (Charles Ramos, J.), entered May 24, 2000, which, upon the prior grant of defendant Republic Bank's motion for summary judgment, dismissed the complaint as against it, unanimously affirmed, without costs. Cross appeal from the same judgment unanimously dismissed, without costs, on the ground that defendant is not aggrieved by it.
Brian E. Maas for plaintiff-appellant-respondent.
Celia Goldwag Barenholtz for defendant-respondent-appellants.
Before: Rosenberger, J.P., Williams, Tom, Ellerin, Wallach, JJ.
As in Schmidt v. Fleet Bank (Appeal No. 2631, decided simultaneously herewith), we need not decide whether this action is barred by Judiciary Law § 497(7)(a), because plaintiffs have not raised questions of fact based on their allegations (see, Home Sav. of Am., FSB v. Amoros, 233 A.D.2d 35, 39). We have considered plaintiffs' remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.