Levine v. Chemical Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about August 10, 1994, which granted defendant bank’s motion to dismiss the complaint against it for failure to state a cause of action, unanimously affirmed, without costs.
In an action for wrongful death and pain and suffering, the decedent, an off-duty police officer, was shot and killed when he tried to apprehend one of the perpetrators of an assault on a customer at an ATM machine. Insofar as the action against defendant bank is based on common-law negligence for failure to provide adequate security, it was…
2Cases cited5 opinions
- Santangelo v. State of NYNew York Court of Appeals · 1988
- Cooper v. City of New YorkNew York Court of Appeals · 1993
- Campbell v. Lorenzo's Pizza Parlor, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Dyer v. Norstar Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1992
- St. Jacques v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Gerbino v. Tinseltown USAAppellate Division of the Supreme Court of the State of New York · 2004
- Wadler v. City of New YorkNew York Court of Appeals · 2010
- Hodges v. YarianCalifornia Court of Appeal · 1997
- Wadler v. City of New YorkNew York Court of Appeals · 2010