LEVINA v. CITIBANK, N.A.


16 A.D.3d 160 (2005)

791 N.Y.S.2d 85

ELIZABETH LEVINA, Appellant, v. CITIBANK, N.A., Respondent.

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

March 8, 2005.


The action was properly dismissed upon the ground that plaintiff's safe-deposit box leases with defendant prohibited the storage of cash and clearly relieved defendant of liability for loss of stored cash (Uribe v Merchants Bank of N.Y., 91 N.Y.2d 336 [1998]). Even if, as plaintiff argues, her lease for the first, larger box had expired and the new lease for the second, smaller box had...

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