Melnitzky v. HSBC Bank USA
Opinion of the Court
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered May 18, 2005, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Plaintiff is enjoined from commencing any further litigation in the courts of the State of New York arising from or related to his prior matrimonial action, including the manner in which the inventory of the contents of the safe deposit boxes was conducted or his right to the contents therein, without prior leave of Supreme Court of the applicable county. The Clerks of Supreme Court, New York and Bronx counties, and the Clerk of this Court, are directed to accept no filings from this plaintiff as to such matters without prior leave of their respective courts.
Plaintiff raises the identical issues raised and determined against him in the matrimonial action, specifically, the manner in which the inventory of the safe deposit boxes was conducted, and the respective rights of plaintiff and his ex-wife to the contents therein. Although plaintiff couches his complaint in terms of defendant bank’s breach of fiduciary duties as bailee, fraud, breach of contract, and aiding and abetting conversion,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.