SCHAUS v. MARINE MIDLAND BANK


233 A.D.2d 919 (1996)

649 N.Y.S.2d 752

Carol M. Schaus, as Administratrix of The Estate of John K. Schaus, Deceased, Respondent, v. Marine Midland Bank, N. A., Appellant

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

November 8, 1996


Order unanimously affirmed with costs.

Memorandum:

Plaintiff's decedent was fatally shot while making a deposit for his employer at the night depository of defendant's branch bank. Plaintiff commenced this action seeking damages for defendant's alleged failure to undertake adequate precautions to protect night depositors from the foreseeable risk of a criminal attack. Supreme Court properly denied defendant's pre-answer motion to dismiss the complaint for...

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