Daoust v. Palmenteri
Cases that cite this one
7 later published cases cite this decision.
- Fili v. Matson Motors, Inc. (Appellate Division of the Supreme Court of New York 1992)
- Portillo v. Equinox Holdings, Inc. (Appellate Division of the Supreme Court of New York 2024)
- New York Central Mutual Insurance v. Medical Diagnostic Imaging, PLLC (City of New York Municipal Court 2011)
- Smith v. Midwood Realty Associates (Appellate Division of the Supreme Court of New York 2001)
- McAdam v. Sadler (Appellate Division of the Supreme Court of New York 1991)
- Lichtenthal v. St. Mary's Church (Appellate Division of the Supreme Court of New York 1990)
- Sofia v. Carlucci (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County (Jordan, J.), dated June 22, 1983, which was in favor of defendant, upon a jury verdict.
Judgment reversed, on the law and as a matter of discretion, and new trial granted, with costs to abide the event.
The theory on which this case was tried was bailment and involved the alleged liability of a bailor for defects in the bailed property causing injury to the bailee. The evidence adduced at
This evidence gave rise to a question of fact as to the nature of the bailment and the correlative duty of defendant to discover and warn plaintiff of potential hazards inherent in the condition of the refrigerator. Where a bailment is gratuitously made for the sole benefit of the bailee, the bailor’s sole duty is to warn of a defect or hazard of which she has actual knowledge (Hood v State of New York, 48 Misc 2d 43, affd 28 AD2d 1034). In all other situations, ordinary principles of negligence apply (Snyder v Kramer, 94 AD2d 860, affd 61 NY2d 961; 9 NY Jur 2d, Bailments and Chattel Leases, § 76). The charge given on this issue, however, was confusing, misleading and, at times, contradictory. Consequently, a new trial is required in the interest of justice (see, e.g., Lopato v Kinney Rent-A-Car, 73 AD2d 565; Yandian v Merlis, 34 AD2d 582). We have examined the other contentions of the parties and find them to be without merit. Mangano, J. P., Gibbons, Bracken and Niehoff, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.