MARTIN v. CITIBANK, N.A.


64 A.D.3d 477 (2009)

883 N.Y.S.2d 483

PETER MARTIN, Respondent, v. CITIBANK, N.A., Appellant.

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

Decided July 21, 2009.


On or about January 10, 2001, plaintiff executed a lease agreement with defendant for a safe deposit box. Plaintiff now seeks to recover for alleged losses from the box and defendant seeks to cap plaintiff's damages based on a limitation of liability provision purportedly contained in the agreement. Plaintiff maintains that he was not given all of the pages of the agreement, including the page containing the liability limitation clause, and thus he never had the opportunity...

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