¶ Plaintiffs seek to recover the value of gold bars they had stored in a safe deposit box rented from the defendant bank. The contents of the plaintiffs' box and some 300 other boxes were rifled in a burglary. Sixteen months after this action was commenced plaintiffs filed a note of issue certifying that discovery proceedings had been completed. In fact, plaintiffs had conducted no discovery. ¶ On appeal the parties do not dispute Special Term's findings of a bailor...
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