Appellate Division of the Supreme Court of New York, 1982

Sid Birzon, Inc. v. Pinkerton's Inc.

Sid Birzon, Inc. v. Pinkerton's Inc.
Appellate Division of the Supreme Court of New York · Decided February 26, 1982
86 A.D.2d 957; 450 N.Y.S.2d 445; 1982 N.Y. App. Div. LEXIS 15650
Sid Birzon, Inc. v. Pinkerton's Inc.

Opinion of the Court

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly denied plaintiff’s motion for summary judgment on the issue of liability. The court erred, however, in determining, as a matter of law, “that the storage of plaintiff’s merchandise with defendant at the time of plaintiff’s loss, constitutes a bailment for the mutual benefit of both parties and not a gratuitous bailment.” The record reveals unresolved questions which preclude a summary determination of the bailment issue. (Appeal from order of Supreme Court, Erie County, Doyle, J. — summary judgment.) Present — Dillon, P. J., Simons, Doerr, Moule and Schnepp, JJ.

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