In this case, the defendant failed to give full information about the account. Defendant Janina Pearse refused to identify the account early in this litigation and, in response to an interrogatory, objected to disclosure of "confidential financial information" and revealed only the name of the bank, but not the bank address, account number, or account name. Even in the face of this summary judgment motion, although providing more information, the defendant has only presented bank statements for the opening and closing months of the claimed security account, which is a far cry from a persuasive accounting for the manner in which these funds were held. The refusal to provide complete disclosure and the scanty showing constitute another failure to rebut an inference of commingling (Garfield v Howard, supra).
Third, as to the statutory notice regarding security funds deposited in a bank, a separate notice of any depository bank must be given (General Obligations Law § 7-103 [2] ["(w)henever the person receiving money so deposited or advanced shall deposit such money in a banking organization, such person shall thereupon notify in writing each of the persons making such security deposit or advance, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit"]). The failure to give the statutory notice gives rise to an adverse inference of commingling (Dan Klores Assoc. v Abramoff, 288 AD2d 121, 121-122 [1st Dept 2001] [a "showing that defendant failed to give plaintiff written notice of the banking institution that held plaintiff's security deposit . . . permitted an inference of commingling at the time of lease expiration, in violation of General Obligations Law § 7-103 (1), that defendant failed to