This opinion is uncorrected and subject to revision before publication in the New York Reports. Alexander J. Wulwick, for appellants. Mitchell B. Shenkman, for respondent. Thus, the defendant bank is not liable for the allegedly missing currency.
Renters assume all risks arising out of the deposit of property or securities in the Safe.
Renters expressly waive every presumption of law that loss shall have occurred through Bank's negligence, and agree that Bank shall not be liable for any loss sustained by Renters unless the loss was caused by some specific, clearly proven and willful act of Bank . In December 1990, Hernando Uribe, a wholesale gem dealer, leased a box at the Manhattan West 47th Street branch of Merchants Bank of New York. Uribe had allegedly received the emeralds on consignment from a Colombian gem dealer. Uribe claims that he placed the entire cash proceeds of the sale in the safe deposit box, expecting to remit the money to the consignor of the merchandise when the latter returned to New York a few days later. Uribe originally sued in his individual and corporate capacity, but only H. Uribe, Inc. is now involved on this appeal.