MELNITZKY v. APPLE BANK FOR SAVINGS


19 A.D.3d 252 (2005)

797 N.Y.S.2d 470

MICHAEL MELNITZKY, Appellant, v. APPLE BANK FOR SAVINGS, Respondent. (And a Third-Party Action.)

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

June 23, 2005.


Plaintiff's claim is premised on the contention that defendant allowed the contents of his safe deposit box to be removed by his ex-wife (the third-party defendant) and her attorney, and that defendant colluded with said attorney by taking no precautions to safeguard plaintiff's belongings, thus violating its fiduciary duty to him. All issues and claims raised herein that were or could have been addressed in plaintiff's matrimonial action, particularly regarding the inventory...

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