LEV v. CHASE MANHATTAN BANK


300 A.D.2d 155 (2002)

751 N.Y.S.2d 484

JOSEPH J. LEV, Appellant, v. CHASE MANHATTAN BANK, Respondent.

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

Decided December 19, 2002.


In this action to recover for property allegedly lost from a safe deposit box by reason of defendant bank's negligence in its capacity as bailee, defendant's motion to set aside the verdict in plaintiff's favor and dismiss the complaint was properly granted. The inference of negligence drawn by the jury against defendant was not legally sustainable in view of the uncontradicted testimony of the bank's vault manager as to the security measures in place at the time of the alleged...

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