Sun Yau Ko v. Lincoln Savings Bank

Fein and Kassal, JJ.,

dissent in a memorandum by Kassal, J., as follows: Defendant appeals from an order which denied its motion for summary judgment dismissing the complaint. Special Term, finding factual issues as to the degree of care exercised by the bank as bailee, including, inter alia, the safety precautions taken in caring for the property and the construction and use of the existing burglar alarm system, denied the motion. The record and the additional facts disclosed on oral argument sustain that determination, particularly where no adequate explanation had been offered as to the…