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MOSKAL v. FLEET BANK

269 A.D.2d 260 (2000)

703 N.Y.S.2d 126

MARK MOSKAL et al., Respondents-Appellants, v. FLEET BANK, Appellant-Respondent, and UOB REALTY (USA) LIMITED PARTNERSHIP et al., Respondents.

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

Decided February 17, 2000.

There are triable issues as to whether the duty to provide reasonable security measures, to the extent that it was borne by each of these defendants, was discharged in view of (1) the circumstance that plaintiff was accosted and robbed in an area of the bank's premises proximate to its safe deposit facilities in which the need for adequate security was particularly acute; (2) conflicting testimony as to whether a building policy...

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