Appellate Terms of the Supreme Court of New York, 1948

Kirk v. Peerless Camera Stores, Inc.

Appellate Terms of the Supreme Court of New York · Decided February 17, 1948

191 Misc. 661; 77 N.Y.S.2d 888; 1948 N.Y. Misc. LEXIS 2211

Counsel

Charles F. Kirk, respondent in person., William Indursky and Jacob Neuthaler for appellant.

Opinion of the Court

Per Curiam.

Plaintiff. delivered the .film to - defendant with the knowledge that a third person wou,ld process it. Under-the circumstances defendant cannot be held liable as it exercised due care in selecting the processor.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Eder and Hecht, JJ., concur.

Hammer, J., I dissent and vote for affirmance.

Judgment reversed, etc.

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