Golombek v. Marine Midland Bank

Judgment unanimously affirmed without costs. Memorandum: Plaintiff’s decedent was employed as a security guard for a store located on Bailey Avenue in Buffalo. On October 6, 1987, he accompanied another employee to a nearby branch of defendant Marine Midland Bank (Bank) to make a deposit at the night depository box. During a robbery attempt by an unidentified assailant, plaintiff’s decedent was shot and killed. Plaintiff commenced this action alleging that the Bank was negligent in failing to exercise reasonable care in constructing, designing and maintaining its premises in a reasonably safe…