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RADELMAN v. MFRS. TRUST CO.

61 Misc.2d 669 (1969)

Reina Radelman, Respondent, v. Manufacturers Hanover Trust Co., Appellant.

Supreme Court, Appellate Term, Second Department.

October 8, 1969

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (Henry Landau and James P. Barrett of counsel), for appellant. Allen M. Rosenthal for respondent.

Concur — GROAT, P. J., SCHWARZWALD and MARGETT, JJ.

Per Curiam.

The terms set forth in the safe-deposit box lease executed by plaintiff constitute a valid contract between the parties herein (see Banking Law, § 96, subds. 3, 6; Coons v. First Nat. Bank, 218 App. Div. 283). In our opinion, the lease provision prohibiting the deposit of money in the box is neither unconscionable nor offensive to public policy which imposes no limitation or restriction on the freedom of contract between a bank and its...

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