Appellate Terms of the Supreme Court of New York, 1960

Druss Stores, Inc. v. Travelers Indemnity Co.

Druss Stores, Inc. v. Travelers Indemnity Co.
Appellate Terms of the Supreme Court of New York · Decided February 10, 1960
23 Misc. 2d 913; 206 N.Y.S.2d 236; 1960 N.Y. Misc. LEXIS 3629

Counsel

Greenhill & Greenhill (Simon Greenhill of counsel), for appellant. Hyman, llayman & Harris (Harold IV. Hayman and Melville Harris of counsel), for respondents.

Druss Stores, Inc. v. Travelers Indemnity Co.

Opinion of the Court

Per Curiam.

The goods ceased to be in transit or transportation when plaintiffs’ driver parked the station wagon with the merchandise in it in the street, unattended, in. front of his home, in Brooklyn, for his own convenience, from Saturday night, 10:30 p.m., to Monday morning, 8:15 a.m., after by-passing plaintiffs’ place of business in Manhattan, its destination, on his return from Connecticut.

The judgment for plaintiffs should be reversed, with $30 costs, and judgment directed in favor of defendant, with costs.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.