Cussen

—Defendant carried on a safe-deposit business. Plaintiff rented a safe in its deposit-vaults for the period of one year, and deposited therein a sum of money. Upon a subsequent visit to the vaults he discovered that $560 of his money had been abstracted. He has recovered judgment against defendant for that amount, and this appeal is taken from that judgment.

The relation between these parties was that of bailor and bailee. The defendant was a depositary for hire. (Roberts v. Stuyvesant Safe Deposit Co., 123 N. Y. 57 ; Lockwood v. Manhattan Storage Co., 50 N. Y. Supp. 974 ; 28 App. Div. 68 .) The relationship of bailment for hire existing, it devolved upon defendant to use ordinary care in the safeguarding of plaintiff’s property. The law demands the exercise of that degree of care by defendant in the preservation of this property, unless by some special agreement it has been waived. We find nothing in this contract pointing in that direction.

It is insisted that subdivision 7 of the agreement entered into between these parties amounted to a waiver of liability. That provision declares: “ The lessor shall use diligence that no unauthorized person shall be admitted to any rented…