LECHMANSKI v. MARINE MIDLAND BANK


259 A.D.2d 966 (1999)

703 N.Y.S.2d 612

DOROTHY LECHMANSKI, Respondent, v. MARINE MIDLAND BANK, Appellant.

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

Decided March 19, 1999.


Order unanimously affirmed without costs.

Memorandum:

Shortly after midnight on August 9, 1992, plaintiff was robbed and assaulted by a knife-wielding assailant after using the automated teller machine (ATM) at defendant's facility. She alleged that the lock on the door was broken and that her assailant entered the vestibule without using an ATM card.

Supreme Court granted defendant's motion for summary judgment dismissing the complaint but thereafter...

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