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REINA RADELMAN v. MANUFACTURERS HANOVER TRUST CO. (10/08/69)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


October 8, 1969

REINA RADELMAN, RESPONDENT,
v.
MANUFACTURERS HANOVER TRUST CO., APPELLANT

Appeal from an order of the Civil Court of the City of New York, County of Kings (George Abrams, J.) entered May 21, 1969 and June 5, 1969, which denied a motion by defendant for summary judgment.

Concur -- Groat, P. J., Schwarzwald and Margett, JJ.

Author: Per Curiam

 The terms set forth in the safe-deposit box lease executed by plaintiff constitute a valid contract between the parties herein (see Banking Law, ยง 96, subds. 3, 6; Coons v. First Nat. Bank, 218 App. Div. 283). In our opinion, the lease provision prohibiting the deposit of money in the box is neither unconscionable nor offensive to public policy which imposes no limitation or restriction on the freedom of contract between a bank and its depositors (Gaita v. Windsor Bank, 251 N. Y. 152; Sagendorph v. First Nat. Bank, 218 App. Div. 285; David v. Manufacturers Hanover Trust Co., 59 Misc. 2d 248). Plaintiff, having executed the lease, is, in the absence of fraud or undue influence, conclusively bound by the terms therein (Pimpinello v. Swift & Co., 253 N. Y. 159, 162-163; Metzger v. Aetna Ins. Co., 227 N. Y. 411, 415-416; James Talcott, Inc. v. Wilson Hosiery Co., 32 A.D.2d 524; Humble Oil & Refining Co. v. Jaybert Esso Serv. Station, 30 A.D.2d 952).

The order should be unanimously reversed, with $10 costs to defendant, motion granted and complaint dismissed.

Order reversed, etc.

Disposition

Order reversed, etc.

19691008

© 1998 VersusLaw Inc.



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