Opinion
December 29, 1993
Appeal from the Supreme Court, Monroe County, Galloway, J.
Present — Green, J.P., Balio, Fallon and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Neither defendant Norstar Bank, N.A., Inc., nor defendant F. Wesley Moffett had a duty to protect plaintiff's decedent from being fatally assaulted while making a deposit at the night deposit box of Norstar's branch bank. The assault upon decedent was not reasonably foreseeable because past experience at the branch bank did not give defendants reason to know that there was a likelihood of such conduct. The fact that such conduct was conceivable did not mean that it was foreseeable (see, Golombek v Marine Midland Bank, 193 A.D.2d 1113; Dyer v Norstar Bank, 186 A.D.2d 1083, lv denied 81 N.Y.2d 703).