GOLOMBEK v. MARINE MIDLAND BANK


193 A.D.2d 1113 (1993)

598 N.Y.S.2d 891

Dolores M. Golombek, as Administratrix of The Estate of Paul M. Golombek, Deceased, Appellant, v. Marine Midland Bank, N. A., Respondent and Third-Party Plaintiff. Rite-Aid of New York, Inc., Third-Party Defendant-Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 28, 1993


Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff's decedent was employed as a security guard for a store located on Bailey Avenue in Buffalo. On October 6, 1987, he accompanied another employee to a nearby branch of defendant Marine Midland Bank (Bank) to make a deposit at the night depository box. During a robbery attempt by an unidentified assailant, plaintiff's decedent was shot and killed. Plaintiff commenced this action alleging that...

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