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Liberty Mutual Insurance v. Meyers Bros. Operations, Inc.

75 Misc. 2d 103 Court Supreme Court, Appellate Term, Second Department, Decision date 1972-04-26 English

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p. 103
Liberty Mutual Insurance Co., as Subrogee of Duncan B. Parsons, Respondent, v. Meyers Brothers Operations, Inc., Appellant.
Supreme Court, Appellate Term, Second Department,
April 26, 1972.
Heller & Heller (Hugh M. Heller of counsel), for appellant. Albert P. Thill and A. Paul Goldblum for respondent.

Plaintiff failed to establish the creation of a bailment relationship when its subrogor parked his automobile in defendant’s parking lot (see Ellish v. Airport Parking Co. of Amer., 69 Misc 2d 837 , decided herewith).

Judgment unanimously reversed, without costs, and complaint dismissed.

Concur — Croat, P. J., Schwartzwald and Margett, JJ.

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