Majority
p. 103Liberty 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.
Cases cited
- Ellish v. Airport Parking Co. of America 69 Misc 2d 837 p. 103