MELNITZKY v. HSBC BANK USA


33 A.D.3d 482 (2006)

823 N.Y.S.2d 128

MICHAEL MELNITZKY, Appellant, v. HSBC BANK USA, Respondent.

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

Decided October 19, 2006.


Plaintiff raises the identical issues raised and determined against him in the matrimonial action, specifically, the manner in which the inventory of the safe deposit boxes was conducted, and the respective rights of plaintiff and his ex-wife to the contents therein. Although plaintiff couches his complaint in terms of defendant bank's breach of fiduciary duties as bailee, fraud, breach of contract, and aiding and abetting conversion,

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