This action arises out of the alleged loss of $2 million of property from a safe deposit box rented by plaintiff in defendant bank. The rental agreement and other documents signed by plaintiff incorporated by reference the bank's rules and regulations relating to the rental of safe deposit boxes. At paragraph 9, the rules provide that "The Bank and the Renters waive trial by jury in any action or proceeding or counter-claim arising out of or relating to access to the safe...
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