Uribe v. Merchants Bank

Murphy, P. J., and Rubin, J., dissent in part in a memorandum by Murphy, P. J., as follows:

Plaintiffs commenced this lawsuit to recover damages attributable to the theft of cash and gems from a safe deposit box, rented by the corporate plaintiff from defendant bank and located on the lessor bank’s premises. Defendant has moved for summary dismissal of the complaint, at least insofar as it seeks damages for the theft of cash, alleging that neither the individual nor the corporate plaintiff has standing to sue: in the case of the individual plaintiff, because the safe deposit box was in the…