Appellate Division of the Supreme Court of the State of New York July 21, 2009 (Martin v. Citibank, N.A.)

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered December 18, 2008, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for partial summary judgment limiting plaintiffs damages to $42,500, pursuant to a provision allegedly contained in the safe deposit box lease agreement which plaintiff signed, affirmed, without costs.