Lechmanski v. Marine Midland Bank

Order unanimously affirmed without costs. Memorandum: Shortly after midnight on August 9, 1992, plaintiff was robbed and assaulted by a knife-wielding assailant after using the automated teller machine (ATM) at defendant’s facility. She alleged that the lock on the door was broken and that her assailant entered the vestibule without using an ATM card.

Supreme Court granted defendant’s motion for summary judgment dismissing the complaint but thereafter granted plaintiffs motion to renew and denied defendant’s motion. Contrary to defendant’s contention, the court did not abuse its discretion in…