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GOLDBAUM v. BANK LEUMI TRUST CO. OF NEW YORK

No. 80 Civ. 6294 (KTD).

543 F.Supp. 434 (1982)

Jose GOLDBAUM, Plaintiff, v. BANK LEUMI TRUST COMPANY OF NEW YORK, Defendant.

United States District Court, S. D. New York.

July 23, 1982.

Attorney(s) appearing for the Case

Opert & Herisko, Cambridge, Mass., for plaintiff; Lawrence R. Opert, Cambridge, Mass., of counsel.

Gottesman, Wolgel, Smith & Secunda, New York City, for defendant; Harold H. Wolgel, Lawrence L. Flynn, New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge:

In this diversity action, Jose Goldbaum, a citizen and resident of Chile, seeks to recover $200,000 for alleged water damage to certain rare medals and coins he kept in two safety deposit boxes at a branch of defendant Bank Leumi Trust Company ("Bank Leumi"), a New York banking corporation. Plaintiff alleges two causes of action: one for breach of the bank's alleged warranty to safely maintain the...

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