Hyperlawhypertext legal databasebeta Peralta v. Port of New York Authority 76 Misc. 2d 1086

← Cases

Peralta v. Port of New York Authority

76 Misc. 2d 1086 Court Supreme Court, Appellate Term, Second Department, Decision date 1973-07-20 English

Contents

Majority

p. 1086
Cecelia Peralta, Respondent, v. Port of New York Authority, Appellant.
Supreme Court, Appellate Term, Second Department,
July 20, 1973.
Patrick J. Falvey, Joseph Lesser, Arthur P. Berg and John J. Graubard for appellant. Salvatore A. Mazsoni and Sydney Beizer for respondent.

Plaintiff, an employee of an airline, brings this action in contract of bailment and in negligence for damages sus

p. 1087
tained when her automobile disappeared from- a parking lot made available at a cost for employees of airlines at the John F. Kennedy International Airport.

The stipulation of facts indicates, inter alia, that the method of operation of the lot was such that entry necessitated the insertion of a magnetic card into a islot of a machine but that exit through an unmanned gate did not.

While there was some measure of control by defendant over the lot it “ operated and controlled,” essentially, there was no such assumption of dominion and control as would create a bailment (see Ellish v. Airport Parking Co., 69 Misc 2d 837 , affd. 42 A D 2d 174 ). Nor was there proof of a negligent act or omission, in the facts as stipulated.

The judgment should be unanimously reversed, without costs, and complaint dismissed.

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

Judgment reversed, etc.

Cases cited