Stalzer v. European American Bank

OPINION OF THE COURT

William D. Friedmann, J.

This “Small Claim’s” action seeks “Return of money, for lack of security, resulting in loss of money ($502.02)”. Tried on February 17, 1982, it presents an issue of apparent first impression involving no reported New York authorities and out-of-State decisions directly on point.

What duty, if any, does a bank owe a “business invitee”, who after cashing her check, was the victim of a robbery by a third party while still inside the bank premises?

At the conclusion of claimant’s case and again at the end of defendant’s case, defendant bank moved to…