URIBE v. MERCHS. BANK OF NEW YORK


239 A.D.2d 128 (1997)

657 N.Y.S.2d 613

Hernando Uribe et al., Appellants, v. Merchants Bank of New York, Respondent

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

May 6, 1997


The claims of the individual plaintiff were not viable since the safe deposit box was rented by the corporation and its contents concededly belonged to the corporation or a third party. That Mr. Uribe may have used corporate funds to purchase for personal use one of the items allegedly stolen, or that he and his wife were the only shareholders and officers, do not suffice to raise an issue of fact as to his complete dominion and control of the corporation so as to warrant...

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